Build On This!

A new bill introduced on September 22, 2005 in the Ohio Senate would make mortgage lenders subject to Ohio Consumer Sales Practices Act (the "Act"). The new bill was the result of increased scrutiny on the mortgage lending industry in Ohio. Two years ago, a Committee was created bythe Ohio General Assembly to study predatory lending and deceptive sales practices in Ohio. As recently reported by the Columbus Dispatch, Ohio and Virginia are the only states that exempt mortgage lending from consumer-protection laws. Consequently,the Ohio Attorney General and consumers could not sue mortgage lenders for deceptive sales practices act. The Ohio Attorney General recently has focused on predatory lending and deceptive sales practices by mortgage lenders. The bill would also extend the Act to small businesses, allowing small businesses to sue other businesses for deceptive acts.

By David Lindner. The Ohio Supreme Court recently decided the issue of whether a condominium owners’association can be proper party to contest a county auditor’s tax assessment for the common areas of a condominium. In Village Condominiums Owners Assn. v. Montgomery Cty. Bd. of Revision (2005), 106 Ohio St. 3d 223, the condominium associate filed a complaint with the Montgomery County Board of Revision disputing an assessment levied against the common area of the condominium as a separate tax parcel. Under the Ohio Condominium Act, the common area of a condominium is not treated as a separate parcel for tax purposes. Instead, each owner's undivided interest in the common area is to be included in the value of that owner’s unit for tax purposes. The Supreme Court of Ohio, however, held that the Association did not have standing to contest the assessment because it was not the “owner” of the common area.

The oral argument in this case can be viewed here. You will need realplayer to view the videotaped oral arguments. If you do not have realplayer, you can download it here.(Windows) or here (Mac)

Mr. Lindner is an Associate of the law firm and his practice is focused on real estate and construction law. He has represented condominium and homeowners’ associations in a wide variety of matters including association operations, foreclosures, litigation, and general real estate matters.

The Ohio Supreme Court heard oral arguments today in City of Norwood v. Horney, 161 Ohio App. 3d 316, 830 N.E.2d 381 and Gamble v. City of Norwood(Sept. 3, 2004),Hamilton Cty. App. No. C-040019, 2004 Ohio 4661. The oral arguments can be heard here. You will need realplayer to view the videotaped oral arguments. If you do not have realplayer, you can download it here.(Windows) or here (Mac)

For the homeowners' (Carl and Joy Gamble and others) perspective, check out the Institute for Justice's website here. The Institute for Justice was also involved in Kelo v. City of New London.

Jesse J. Holland of the Associated Press reports that John Roberts was sworn in as Chief Justice today. Roberts was confirmed by the Senate by a vote of 78-22, obtaining the support of all 55 Senate Republicans, but splitting the Democrats. He becomes the 17th Chief Justice of the U.S. Supreme Court. And at 50, he is the youngest Chief Justice in over two centuries.

The Washington Post has a great blog that covers Robert's nomination and confirmation history.