A Tale of Two Fishers: Unsettling Ohio’s ‘Well-Settled Law’ on the Proper Statute of Limitations for Mortgage Foreclosure Actions
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.
Nov. 20, 2018 — Maurice Wutscher attorney Alan C. Hochheiser will be among a panel of speakers presenting an ABA webinar Nov. 28, at noon ET, “The 11th Circuit Court of Appeals Weighs In On New Value Preference Defense – Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC)”
Panelists will discuss the basics of preference avoidance actions under section 547 of the Bankruptcy Code and then focus on the 11th Circuit’s Blue Bell decision addressing whether the new value defense under section 547(c)(4) of the Bankruptcy Code requires that the new value remain unpaid.
The webinar is being presented by the ABA Business Law Section’s Consumer Bankruptcy Committee and Business Bankruptcy Committee.
For more information, click here.