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Chapters eight And 13 Normally Keep This new Collateral Of your house

Chapters eight And 13 Normally Keep This new Collateral Of your house

The newest bankruptcy automatic stand stop a beneficial pending foreclosures product sales very enough time as you have maybe not got a previous personal bankruptcy case overlooked within the past 1 year. Either people have to help you disregard and you will re also-document bankruptcies loans Horn Hill to resolve items when it comes to their homes and other factors. In the event the men and women have more than one energetic case around in advance of filing the establish case, there’s no automated remain and you will some thing become more challenging. A qualified personal bankruptcy attorney is also brainstorm your options to you and additionally actions so you’re able to instate the latest automatic stay.

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Blake v. Family Coupons & Financing, 2010 Ohio 2689 (Ohio Application. 6/3/2010)

Blake v. Family Coupons & Financing, 2010 Ohio 2689 (Ohio Application. 6/3/2010)

Blake appeals the summation judgment decision of your own Columbiana Condition Court of Preferred Pleas off Blake’s action facing House Discounts & Mortgage Co

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< 1> This timely appeal comes for consideration upon the record in the trial court and the parties ‘ briefs. Pro-se Appellant , Veronica A. , and New England Square Condominium Association , and Home Savings’ counterclaim against Blake and third party defendants Richard E. Whitley , Heritage Title Agency, Inc. , and Columbiana County Treasurer .

< 2> Blake’s claims against all parties , as well as her defenses against Home Savings’ counterclaim, were predicated on her allegation that she did not have valid title to her condominium property. On appeal, Blake argues that the trial court erred in finding that her property was not originally and irrevocably dedicated to public use by the original developer, Sitler Construction, Inc. Blake also argues that the trial court erroneously found that Blake owned her property in fee simple, because there was an encumbrance on her property. Finally, Blake argues that the trial court should not have granted Home Savings’ foreclosure via summary judgment, because Blake presented an issue of material fact regarding the validity of her title to the property, and therefore regarding the validity of the mortgage.

Brand new demonstration courtroom is the reason choice denied Blake’s actions to have summation wisdom , offered Appellee Family Savings’ action getting summary wisdom , ignored Blake’s ailment, discovered Blake and Whitley in standard on the promissory mention, and you can ordered a foreclosures towards Blake’s home loan

< 3> The partial documentation of plats and declarations provided by Blake in the proceedings below do not indicate that her property or the lot on which it is located was ever dedicated by Sitler for public use.