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Priority Of Liens Between Construction Mortgagee And Mechanic's Lienors; Wayne Building & Loan Of Wooster V. Yarborough, Allan S. Hoffman
Priority Of Liens Between Construction Mortgagee And Mechanic's Lienors; Wayne Building & Loan Of Wooster V. Yarborough, Allan S. Hoffman
Akron Law Review
Ohio follows the generally accepted rule that where there is a mortgage securing future advances such advances create liens only as they are actually made, unless the mortgagee is obligated to make the advances. In the latter case the mortgagee's lien will date from the time of its recording. In addition to this nonstatutory method by which a mortgagee can obtain lien priority, there is a statutory method by which he can do so, namely the procedure provided by § 1311.14 of Ohio Rev. Code. This statute is not new, having been enacted in 1915. However, in 1919 the Ohio …
Mortgage Foreclosure Proceedings: Where We Have Been And Where We Need To Go, Bryan E. Meek
Mortgage Foreclosure Proceedings: Where We Have Been And Where We Need To Go, Bryan E. Meek
Akron Law Review
The primary purpose for this comment is to provide an overview of the foreclosure process while introducing the laws and regulations that would govern an “ideal” foreclosure system. First, it provides a general introduction to the mortgage/foreclosure process. This introduction is crucial; it will help many to understand the way financial institutions have complicated the foreclosure process. Next, it analyzes various states, labeling them as either having “strict” foreclosure laws and regulations or having “lenient” foreclosure laws and regulations. Lastly, this comment discusses the pros and cons of various foreclosure requirements. The ultimate goal of this comment is to establish …