BANK OF NEW YORK MELLON v. RHIEL, Trustee.
Ohio Supreme Court
1Concurring in part, dissenting in partDeWine, J.
*565{¶ 26} Under the facts presented by the federal court, both certified questions can be answered unequivocally. When one party to a mortgage document conveys an interest in property, a second party who only signs and initials the mortgage does not mortgage her interest. And a mortgage by which a person conveys an interest is neither invalid nor unambiguous even if a second person signs and initials the document. Thus, parol evidence should not be considered. Because the majority answers the questions differently, I dissent.
{¶ 27} "Certification ensures that federal courts will properly apply…
2Cases cited3 opinions
- Trinova Corp. v. Pilkington Bros., P.L.C.Ohio Supreme Court · 1994
- Scott v. Bank One Trust Co.Ohio Supreme Court · 1991
- Rhiel v. Bank of New York Mellon (In re Perry)United States Bankruptcy Court, S.D. Ohio · 2016