![]() Therefore, as long as the required notice was, in fact, delivered, our clients should be safe from similar defenses being successfully interposed in our cases. consistently includes in its foreclosure complaints a general allegation that the plaintiff complied with all conditions precedent. Even though the borrowers did not raise the defense in their answer to the complaint, the Court decided that the borrowers were nevertheless entitled to raise that defense, for the first time, in their brief in opposition to the plaintiff’s motion for summary judgment. Kelly, the Court of Appeals for the Ninth Judicial District of Ohio reversed the trial court’s judgment for foreclosure, due to the mortgage holder’s attorney’s failure to allege in the complaint, even generally, that the mortgage holder had delivered the required notice prior to acceleration of the debt. On June 14, 2010, in the case of LaSalle Bank v. Where must the notice be delivered andĪs a sequel, this Advisory will discuss a recent Court of Appeals decision that focused on this issue.In our Client Advisory published on Octo(see below), we discussed the importance of fulfilling the prerequisite for foreclosure on most mortgages in Ohio, by delivering the contractually required notice of default prior to acceleration of the debt. ![]()
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