Bavely v. Huntington National Bank (In Re Cowan)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding under Ohio law that a lender who did not explain its failure to timely note its mortgage on a certificate of title was not entitled to equitable subrogation
• “If land is governed by the traditional system, a properly executed mortgage must be filed with the appropriate county recorder’s office in order to create a perfected interest in the property.” (citing both Ohio Revised Code §§ 5301.23 and 5301.25
• “[E]ven if the doctrine [of equitable estop-pel] did apply to give Fifth Third a property interest ... [t]he Trustee, as a bona fide purchaser of the property without notice of the mortgage, is still entitled to avoid any such interest.”

Source: CourtListener parenthetical corpus (CC0).