Nov. 27, 2018 — Maurice Wutscher attorney Kevin Hudspeth has written an article discussing contradicting applications of the statute of limitations in mortgage foreclosure actions in the Ohio courts for the American Bar Association’s news magazine Business Law Today.
In “A Tale of Two Fishers: Unsettling Ohio’s ‘Well-Settled Law’ on the Proper Statute of Limitations for Mortgage Foreclosure Actions,” Mr. Hudspeth writes, “This tale of two Fishers tells the story of how Ohio’s statute of limitations jurisprudence evolved from an accepted legal proposition derived from one Fisher opinion to ‘well-settled law’ stating the complete opposite in another Fisher opinion.”
“A careful examination of the underlying cases shows that the Ohio Supreme Court never intended to create a hard and fast rule that the same statute of limitations governing actions on the note also governs actions to foreclose the mortgage. In fact, it appears the court intended the opposite,” he writes.