Homeowner who lost his home in foreclosure asks this court to set aside the sheriff's sale of the property, arguing that the mortgage company did not follow the law and failed to invoke the doctrine of lis pendens. Lis Pend; Real Estate; Foreclosure; R.C. 2703.26.
CIVIL - foreclosure; summary judgment; lis pendens; R.C. 2703.26; service of summons; named defendant; Ohio Civ.R. 3(A)
Total mortgage foreclosures in Erie County fell to their lowest levels in at least five years in both July and August, defying the national trend and pundits, as figures for all of 2009 head toward a fourth straight year of lower home seizures. According to figures from the Erie County clerk's office, actual completed foreclosures for the first eight months of the year are down 35 percent from 2005, to 930, while the initial foreclosure filings, known as lis pendens, are down 15 percent from 2008 and 20 percent from 2005, to 1,751.
FORECLOSURE ACTION; SHERIFF’S SALE; DECLARATORY JUDGMENT; SUMMARY JUDGMENT; LIS PENDENS; RIGHT TO REDEEM; R.C. 2329.33; R.C. 2703.26.
... recently held that the recording of a lis pendens in connection with a mechanic's lien foreclosure a...
Long Island was again slammed by foreclosures in the second quarter, with the region posting some of the highest numbers in all of New York state. The Island saw 3,570 new foreclosure filings in the three months ended June 30, a 32 percent increase over the first quarter, according to the New York State Banking Department. Filings include bank-owned homes, notices of sales and lis pendens, the first step in the foreclosure process.
Mortgagee filed a foreclosure action upon default by the mortgagor based on an unrecorded mortgage. After the entry of a decree of foreclosure but prior to the sale of the property by sheriff’s sale, a third party purchased the property. The property was subsequently sold by sheriff’s sale and the sale was confirmed by the trial court. The trial court properly determined that lis pendens applied to the foreclosure where the complaint provided sufficient information to identify the property at issue, even through the legal description was not attached, and all other conditions had been met. The trial court therefore did not err in denying Civ.R. 60(B) relief to the purchaser. Judgment affirmed. (J. Grady concurring and dissenting).
... continuing to prosecute a state-court foreclosure action against the Debtor's residence post-petitio... are (1) whether the doctrine of lis pendens precluded the subject property from becoming part ...
The trial court did not abuse its discretion in confirming a sale in foreclosure proceedings, as the transfer was protected under the doctrine of lis pendens and no evidence of prejudice was produced. The technical mistake in advertising notice of the sale should not result in vacating the sale, as the mistake was not a mischaracterization of the property. Service by U.S. Mail did fulfill the requirements of certifying a notice for sale under Loc.R. 2.23 IV. The trial court did not abuse its discretion in confirming a sale despite appraisers’ valuation without entering the premises, because Hall offered no evidence that the interior condition would have affected the value of the house. Judgment affirmed.
... for the past three years (e.g., a lis pendens recorded at the commencement of a foreclosure proc...
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