Posts Authored by Justin Ristau

COVID-19 Ohio Business Response Toolkit

On Sunday, March 22, 2020, Ohio Governor Mike DeWine and the Ohio Department of Health released a "stay at home" order (the "order") requiring individuals to stay at home at all times unless otherwise authorized under the terms of the order. The order went into effect on Monday, March 23, 2020, at 11:59 p.m. EST and will remain in effect until 11:59 p.m. EST on April 6, 2020. A copy of the order is available here

Bricker’s multidisciplinary team of attorneys have assembled a toolkit to assist individuals, business owners and other public and private entities to efficiently navigate the requirements of the order and identify, assess and manage business risk throughout the COVID-19 pandemic. 

A cross-disciplinary team of Bricker attorneys is regularly monitoring COVID-19 (coronavirus) news and guidance to help our clients assess the potential impacts on their operations. If you have questions regarding COVID-19 and its impact on your business, or if a situation arises and you need legal counsel, visit our resource center for more information.

Legal Developments

HUD/FHFA announce details of foreclosure and eviction moratorium

On March 18, 2020, President Trump announced during a White House briefing that “the Department of Housing and Urban Development (HUD) will be providing immediate relief to renters and homeowners by suspending all foreclosures and evictions until the end of April.” Following the President’s announcement, HUD released the details of its Foreclosure and Eviction Moratorium for single-family homeowners with FHA-insured mortgages. Specifically, HUD clarified that it would be halting foreclosure actions and evictions for the next 60 days, including all new foreclosure filings, all current foreclosures in process, and all evictions of persons from FHA-insured single-family properties. For more, read the full story.

Consumer Lending and Services

Ohio's new requirements for junior lienholders and mortgage servicers

It has been a little over six months since Ohio Revised Code § 1349.72 went into effect—a law that requires holders of junior liens on residential real property to first send a written notice containing specific information prior to attempting to collect any part of a debt in default. Due to the vague terms contained in the law, however, there is quite a bit of uncertainty surrounding it. Unfortunately, none of that uncertainty has been resolved since its enactment, as the law does not appear to have been cited by a single Ohio court decision. 

Residential mortgage lending and servicing businesses should consider whether they have procedures in place that comply with this new law. If you have any questions, please contact the authors or a member of Bricker's banking& financial services team.

Consumer Lending and Services, Legal Developments