BRIEFING A CASE 26.1 - BRIEFING A CASE 26.1 Junbo Wang...

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BRIEFING A CASE 26.1 Junbo Wang Business 154 Case Number: 26.1 Old Republic National Title Insurance Company v. Fifth Third Bank Web 2008 Ohio App. Lexis 4423 (2008) Court of Appeals of Ohio FACTS: James and Heather McCarthy (McCarthy) owned a house in Cincinnati, Ohio. The house was purchased with a mortgage loan from Countrywide Home Loans, which recorded its mortgage in the appropriate county recorder’s office. Subsequently, the following events occurred: March 10—McCarthy borrowed money from Fifth Third Bank and gave the bank a mortgage on their house. Fifth Third Bank did not record the mortgage. March 10—McCarthy went to Centex Home Equity Company to refinance the original mortgage loan from Countrywide. March 19—Centex’s title search revealed Countrywide’s loan but did not reveal Fifth Third’s unrecorded mortgage. March 24—the law firm of Santen and Hughes recorded a lien judgment on McCarthy’s house for failure to pay for legal services.
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