Legal Opinion

BANK OF NEW YORK MELLON v. RHIEL, Trustee.

Ohio Supreme Court

Decided December 20, 2018No. 2017-0870PublishedCited by 17 opinions

1Opinion of the CourtDeGenaro, J.

*558{¶ 1} This matter is before the court on the certification of two state-law questions from the Bankruptcy Appellate Panel for the United States Court of Appeals. The panel asks whether a mortgage is invalid and unenforceable against the interest of a person who has initialed, signed, and acknowledged the mortgage agreement but who is not identified by name in the body of the agreement.

{¶ 2} For the reasons that follow, we hold that the failure to identify a signatory by name in the body of a mortgage agreement does not render the agreement unenforceable as a matter of law against that…

Also in this document: Concurring in part, dissenting in part.

2Cases cited11 opinions

  1. Westfield Insurance v. GalatisOhio Supreme Court · 2003
  2. Aultman Hospital Ass'n v. Community Mutual InsuranceOhio Supreme Court · 1989
  3. Foster Wheeler Enviresponse, Inc. v. Franklin County Convention Facilities AuthorityOhio Supreme Court · 1997
  4. Kostelnik v. HelperOhio Supreme Court · 2002
  5. Kostelnik v. HelperOhio Supreme Court · 2002

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3Cited by17 opinions

  1. Hillier v. Fifth Third BankOhio Court of Appeals · 2020
  2. Simek v. Orthopedic & Neurological Consultants, Inc.Ohio Court of Appeals · 2019
  3. Halpern v. SmithOhio Court of Appeals · 2023
  4. Tecco v. Iconic Labs, L.L.C.Ohio Court of Appeals · 2022
  5. Gudorf Law Group, L.L.C. v. BrannonOhio Court of Appeals · 2019

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