Opinion
No. 2007-1712.
October 31, 2007.
Champaign App. No. 2006 CA 25, 2007-Ohio-3706.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 5 of the court of appeals' Decision and Entry filed August 21, 2007:
"Does the doctrine of equitable subrogation overcome the general rule set forth in R.C. 5301.23 when, prior to paying off a recorded mortgage or lien, a lender's sole negligence is its failure to discover a preexisting recorded subordinate mortgage or lien while conducting a title search and where the subordinate mortgage or lien-holder acts without fraud?"
PFEIFER, J., dissents.
The conflict cases are Alegis Group L.P. v. Lerner, Delaware App. No. 2004-CAE-05038, 2004-Ohio-6205; Leppo, Inc. v. Kiefer (Jan. 31, 2001), Summit App. Nos. 20097 and 20105; and Associates Financial Serv. Corp. v. Miller, Portage App. No. 2001-P-46, 2002-Ohio-1610.