Bill Would Improve Multiple Facets of Ohio Real Estate Title Law

Omni Title’s General Counsel, Rick Craven, recently testified before the Ohio House Finance Committee on behalf of the Ohio State Bar Association, in support of Ohio House Bill 237, which would improve multiple facets of Ohio real estate title law, including electronic recording, access to real property records, powers of attorney, lien priority, and judgment liens.

If it becomes law, this proposed Bill would require County Offices throughout Ohio to accept documents electronically for recording and to provide access to records electronically going back to at least 1980.  Additionally, language that our lawyers drafted was amended into HB 237 to improve Ohio judgment lien law and to codify the Restatement view of mortgage subrogation in lien priority cases.

Check out Rick Craven’s impressive testimony in support of HB 237 by clicking here to view a video of the Hearing before the Ohio House Finance Committee, during which Rick explained the Bill and its contours extremely well to the members of that inquisitive legislative body.

Real Property Taxation Bill Future Uncertain

The Ohio House of Representatives unanimously rejected the Ohio Senate’s amended version of House Bill 126 that would have changed Ohio law to only allow school boards to file complaints to increase value in response to a complaint to reduce value.  That Bill now heads to a Conference Committee with select members of the House and Senate set to determine its fate.

Omni Title Team Grows with the Addition of The Title Company Team

Omni Title LLC is excited to announce that the talented title professionals at The Title Company, Ltd., a title agency that has been conducting business for over 22 years, have joined the Omni Title team.  In doing so, we are welcoming five new team members to join our already remarkable team, to bring our title and escrow team to a total of 15 team members throughout Ohio.

We are excited about this next phase of our journey, and we know that you will experience an even higher level of service that we have been fortunate to provide to our Clients over the past 18 years, now fortified by an even deeper bench of extremely talented title and escrow professionals who share our primary core value of having genuine care and concern for your success and well-being.

Don’t Lose Your Property by Adverse Possession

Ohio’s Eleventh District Court of Appeals recently affirmed a trial court’s judgment in favor of a Defendant that pled adverse possession in response to a civil trespass claim.  Hedrick v. Szep, 2021-Ohio-1851.

Ohio’s Eleventh District Court of Appeals ultimately affirmed the Trial Court’s decision, finding that the undisputed evidence established that the fence had been in place since at least 1991, and that the disputed property had been exclusively possessed by the Defendant and the prior owner in an open, notorious, continuous, and adverse manner for more than 21 years.

Adverse possession is one of very few ways that ownership of real estate may be different than the public records reflect.  When purchasing real estate, you should be mindful of whether the elements of adverse possession might have been satisfied by someone else, despite what the public records show about ownership.  Always obtain a survey, and make part of your due diligence whether and how the property you are purchasing is being used by others.

Article by Mike Sikora in OLTA Title Topics

The Ohio Land Title Association’s November 2021 issue of Title Topics featured an article by Omni Title’s President, Mike Sikora,  on an Ohio Appellate Court decision that addressed the power of enforcement of express easement rights and their interpretation.

Check out that article in OLTA Title Topics here.