Legal Opinion

U.S. Bank Nat'l Ass'n v. Columbia Park E. MHP, L.L.C.

Court of Appeals of Ohio, Eighth District, Cuyahoga County

Decided December 20, 2018No. 106910PublishedCited by 6 opinions

1Opinion of the Court

MELODY J. STEWART, J.:

{¶1} This is an appeal from the appointment of a receiver to oversee certain mortgaged commercial real estate subject to foreclosure caused by a default on a promissory note. The issues are whether the court complied with the procedural prerequisites for appointing a receiver, whether the court erred by granting the receiver authority over assets not covered by the mortgage being foreclosed on, and whether the appointment of the receiver prevented the borrowers from satisfying their obligations under the note. We find no error and affirm.

{¶2} There are three parcels of…

2Cases cited9 opinions

  1. Bank of Am., N.A. v. Kuchta (Slip Opinion)Ohio Supreme Court · 2014
  2. First Midwest Bank, N.A. v. Stewart Title Guaranty Co.Illinois Supreme Court · 2006
  3. Krause v. StateOhio Supreme Court · 1972
  4. Schenkolewski v. Cleveland Metroparks SystemOhio Supreme Court · 1981
  5. Proctor v. KardassilarisOhio Supreme Court · 2007

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3Cited by6 opinions

  1. State ex rel. Nyamusevya v. Hawkins (Slip Opinion)Ohio Supreme Court · 2021
  2. Burnham v. Public Utilities Commission of OhioDistrict Court, N.D. Ohio · 2023
  3. Columbia MHC East v. Melody StewartCourt of Appeals for the Sixth Circuit · 2020
  4. Columbia MHC East, LLC v. Melody StewartCourt of Appeals for the Sixth Circuit · 2020
  5. Hanover v. Real Time Resolutions, Inc.District Court, S.D. Ohio · 2024

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