In re Messer

Ohio Supreme Court

In re Messer

23 N.E.3d 1194, 141 Ohio St. 3d 1452

Ohio Supreme Court·Decided January 28, 2015·No. 2014-2036·Published

Opinion

Certified Question of State Law, United States Bankruptcy Court, Southern District of Ohio, Eastern Division, No. 13-57467, Adversary Proceeding No. 13-02448. On review of preliminary memorandum pursuant to S.Ct.Prac.R. 9.05. The court will answer the following questions:

“1. Does O.R.C § 1301.401 apply to all recorded mortgages in Ohio?

2. Does O.R.C. § 1301.401 act to provide constructive notice to the world of a recorded mortgage that was deficiently executed under O.R.C. § 5301.01?”

Petitioner shall file its merit brief within 40 days and the parties shall otherwise proceed in accordance with S.Ct.Prac.R. 16.02 through 16.04 and S.Ct.Prac.R. 9.07.

O’Donnell and Kennedy, JJ., would answer only the first question.

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Certified Question of State Law, United States Bankruptcy Court, Southern District of Ohio, Eastern Division, No. 13-57467, Adversary Proceeding No. 13-02448. On review of preliminary memorandum pursuant to S.Ct.Prac.R. 9.05. The court will answer the following questions:

“1. Does O.R.C § 1301.401 apply to all recorded mortgages in Ohio?

2. Does O.R.C. § 1301.401 act to provide constructive notice to the world of a recorded mortgage that was deficiently executed under O.R.C. § 5301.01?”

Petitioner shall file its merit brief within 40 days and the parties shall otherwise proceed in accordance with S.Ct.Prac.R. 16.02 through 16.04 and S.Ct.Prac.R. 9.07.

O’Donnell and Kennedy, JJ., would answer only the first question.

In re Messer, 23 N.E.3d 1194, 141 Ohio St. 3d 1452 (Ohio 2015).

Pincite

23 N.E.3d 1194 (In re Messer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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