In re Stewart

Ohio Supreme Court
In re Stewart, 94 Ohio St. 3d 1427 (Ohio 2002)
761 N.E.2d 45; 2002 Ohio LEXIS 75
Douglas, Pfeifer, Stratton

In re Stewart

Opinion of the Court

Certified State Law Questions, Nos. 008090 and 018032. On review of preliminary memoranda pursuant to S.Ct.Prac.R. XVIII(6). The Bankruptcy Appellate Panel of the Sixth Circuit certified the following question to this court:

“Can Ohio Revised Code § 5301.234 be applied to presume the validity of a mortgage in a bankruptcy case filed after the effective date of the statute, when the mortgage at issue in the bankruptcy case was recorded before the statute’s effective date?”

The court will answer the above question.

Douglas, Pfeifer and Lundberg Stratton, JJ., dissent.

Reference

Status
Published