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Things are changing for the better in Ohio. Currently, while some courts allow or require eFiling, others still require physical delivery and even original signatures on documents in cases filed in Courts of Common Pleas. However, Ohio House Bill 305, which has been passed by the House and is in committee and expected to pass in the Senate, would require electronic filing of pleadings or documents in courts of common pleas (with the exception of probate and juvenile courts) and in municipal courts and county courts throughout the State of Ohio. Furthermore, any fees associated with electronic filing may be paid after the filing is made, unless the Clerk provides for an online payment system. The electronically filed copy of the pleading or document will be considered the official version of the document. The Clerk of Courts in each particular county may determine whether electronic filing may be achieved by email or an electronic filing platform. Once the Bill passes, counties will have 270 days to comply. The text of House Bill 205 can be read in its entirety as passed by the House at hb305_02_PH. This post was prepared by Ellen L. Fornash, Esq. While “squatting” is not considered a large problem in the State of Ohio, it has become an issue in the city of Cleveland in vacant and abandoned homes. While squatters occasionally can be removed simply by reporting the unauthorized occupancy to the county sheriff's office, often times, squatters present or claim a lease or valid tenancy, in which cases, sheriffs’ offices decline to enforce removal. In such cases, homeowners then must bear the burden, time and expense of filing a formal eviction action in the local municipal court. However, that may soon change. House Bill 478, sponsored by republican lawmakers Jeff LaRe and Jay Edwards, and the nearly identical House Bill 480, sponsored by republican lawmakers Tom Young and Steven Demetriou, seek to end squatting and the sale of fraudulent deeds, as well as to expedite and ease the process of removal of unauthorized occupants in the State of Ohio. Both Bills seek to amend section 2909.07 and to enact sections 1923.16 and 2913.53 of the Revised Code by removing the required use of the court system in eviction of unauthorized occupants. Padgett Law Group successfully argues that an action for foreclosure of a mortgage securing a time-barred note can be maintained in Trinity Fin. Servs., LLC v. D'Apolito, 7th Dist. Mahoning No. 23 MA 0028, 2024-Ohio-825. In D'Apolito, the borrower appealed the decision of the Mahoning County Common Pleas Court granting summary judgment to Plaintiff and ordering foreclosure of the mortgage asserting that the trial court erred in “failing to conclude the expiration of the statute of limitations on a note necessarily barred the action on the mortgage securing the debt.” The borrower based his argument upon, "Long-standing Ohio Supreme Court precedent holds that when action on a promissory note is time-barred, then foreclosure of a mortgage securing that note is time-barred as well." Introduced in the Senate on March 23, 2023, and referred to committee on March 29, 2023, Ohio Senate Bill 94, known in short form as the Bill that “regards the Treasurer of State, recorded instruments, liens, etc.,” sponsored by Senators Andrew O. Brenner (R) and Al Landis (R), seeks to amend numerous sections of the Ohio Revised Code related to recorded instruments, but also to enact section §5301.234, thereby codifying the doctrine of Equitable Subrogation. The legal doctrine of equitable subrogation permits one mortgagee to replace another mortgagee in lien priority and is typically claimed refinancing lenders who pay off the original mortgage and want to have the same priority as that lender. The doctrine seeks to prevent unjust enrichment and promote equity. Introduced in the Senate on January 23, 2023, and referred to committee on February 8, 2023, Ohio Senate Bill 25, known in short form as the Bill that “regards real property foreclosures,” sponsored by Senator Bob D. Hackett (R), seeks to alter the procedures for foreclosure sales. Chapter 2329 of the Ohio Revised Code currently governs execution upon judgments, including sales of real property resulting from foreclosure actions. SB25 proposes four significant changes to the foreclosure sale process that could result in a reduction in the length of time and cost of the foreclosure sale process: The Ohio Legislature is currently considering Senate Bill 334, titled (in short) “Grant certain bidders rights – foreclosed residential property,” which seeks to amend section 2329.27 and to enact sections 2329.261 and 2329.313 of the Revised Code to grant tenants and certain other eligible bidders rights relating to the purchase of residential property sold through the process of foreclosure. The Bill applies to foreclosure sales of one to four family residential properties, and requires the selling officer, whether sheriff or private selling officer, to include in its sale advertisement, the following notice: "NOTICE TO TENANTS AND OTHER ELIGIBLE BIDDERS: You may have a right to purchase this property after the sale pursuant to R.C. 2329.313. If you are an "eligible-tenant buyer," you can purchase the property if you match the successful bid placed at the sale. If you are an "eligible bidder," you may be able to purchase the property if you exceed the successful bid placed at the sale. There are three steps to exercising this right of purchase. First, two calendar days after the date of the sale, you can call [telephone number for information regarding the sale], or visit this web site [web site address for information regarding the sale], using the file number assigned to this case [case file number] to find the date on which the sale was held, the amount of the successful bid, and the address of the person who conducted the sale. Second, you must send a written notice of intent to place a bid so that the person who conducted the sale receives it not more than fifteen days after the date of the sale. Third, you must submit a bid so that the person who conducted the sale receives it not more than forty-five days after the date of the sale. If you think you may qualify as an "eligible tenant-buyer" or "eligible bidder," you should consider contacting an attorney or appropriate real estate professional immediately for advice regarding this potential right to purchase.” |
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The information contained on this blog shall not constitute legal advice or a legal opinion. The existence of or review and/or use of this blog or any information hereon does not and is not intended to create an attorney-client relationship. Further, no information on this blog should be construed as investment advice. Independent legal and financial advice should be sought before using any information obtained from this blog. It is important to note that the cases are subject to change with future court decisions or other changes in the law. For the most up-to-date information, please contact Padgett Law Group (“PLG”). PLG shall have no liability whatsoever to any user of this blog or any information contained hereon, for any claim(s) related in any way to the use of this blog. Users hereby release and hold harmless PLG of and from any and all liability for any claim(s), whether based in contract or in tort, including, but not limited to, claims for lost profits or consequential, exemplary, incidental, indirect, special, or punitive damages arising from or related to their use of the information contained on this blog or their inability to use this blog. This Blog is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. |
Padgett Law Group and Padgett Law Group EP are D/B/As of Timothy D. Padgett, P.A. Timothy D. Padgett, P.A.'s practice areas include creditors' rights, estate planning and probate, real estate transactions and litigation. Not all practices or services are available in all states in which Timothy D. Padgett, P.A. practices.
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