Real property—Former R.C. 5301.234 can be applied to presume the validity of a mortgage in a bankruptcy case filed after the effective date of the statute when the mortgage at issue in the bankruptcy case was recorded before the statute's effective date.
.]
IN RE STEWART ET AL.
IN RE PERRY ET AL.
[Cite as In re Stewart,
2002-Ohio-3526
.]
Real property—Former R.C. 5301.234 can be applied to presume the validity of a
mortgage in a bankruptcy case filed after the effective date of the statute
when the mortgage at issue in the bankruptcy case was recorded before the
statute’s effective date.
(No. 2001-2031—Submitted June 5, 2002—Decided July 24, 2002.)
ON ORDER from the Bankruptcy Appellate Panel of the United States Sixth
Circuit Court of Appeals, Certifying a Question of State Law, Nos. 01-8090 and
01-8032.
__________________
{¶1} This matter is before the court on a certified question of state law from
the Bankruptcy Appellate Panel of the United States Sixth Circuit Court of Appeals.
The panel certified the following question:
{¶2} “Can Ohio Revised Code § 5301.234 be applied to presume the
validity of a mortgage in a bankruptcy case filed after the effective date of the
statute, when the mortgage at issue in the bankruptcy case was recorded before the
statute’s effective date?”
{¶3} The certified question is answered in the affirmative.
MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
__________________
Luper, Sheriff & Neidenthal and Kenneth M. Richards, for petitioner
William B. Logan Jr., trustee.
SUPREME COURT OF OHIO
Weltman, Weinberg & Reis Co., L.P.A., and Geoffrey J. Peters, for
respondent City Loan Financial Services, Inc.
McFadden & Associates Co., L.P.A., and David A. Freeburg, for
respondent Charter One Credit Corporation.
Havens Willis L.L.C., Michael J. Sikora III and Lori L. Reisinger, for
amicus curiae Ohio Land Title Association.
__________________
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