DannLaw

This morning, the Ohio Supreme Court issued its 7-0 decision in Wells Fargo Bank, Natl. Assn. v. Doberdruk, which answered in favor of homeowners two key questions:

1. Is an appeal from a judgment of foreclosure moot when the proceeds of the sale have been distributed even though Ohio Revised Code 2329.25 provides a remedy of restitution if the foreclosure judgment is subsequently reversed on appeal?

2. Is an appeal moot when a homeowner files a Motion to Stay the Distribution of the sale proceeds and the underlying foreclosure judgment was not fully satisfied with the sale proceeds?

In answering "no" to both questions, the Court has affirmed homeowners's rights on appeal exist when a Motion to Stay Sale is not granted.

Amazing work performed by Andrew Engel, Marc Dann and the DannLaw team in obtaining this result!

And for those of you wondering about the status of the federal pandemic unemployment litigation - we are still waiting for a ruling from the Ohio Supreme Court following oral arguments. The decision can come at any time and when it does, we will let everyone know.