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The Alabama Supreme Court limited jurisdiction of the County Probate Courts in Skidmore v. Skidmore, 2024 Ala. LEXIS 147, 2024 WL 3909389 (Ala. Sup. Ct. Aug. 23, 2024): In this recently decided case, the Marshall County Probate Court resolved an estate dispute by avoiding a recorded deed to the real property, along with other equitable relief. The Supreme Court, without reaching the merits of the case, held that the probate court did not have the jurisdiction to adjudicate conflicting claims of title to real property, order the sale of real property not owned by a decedent at the of their death, or grant equitable relief. Although the Supreme Court acknowledged that probate courts have both original and general jurisdiction over matters relating to the administration of an estate, the Court noted that that jurisdiction is not without limits. These limits on the probate court’s jurisdiction in Alabama are important to take note of when determining which court is the appropriate venue to allocate real property disputes. This post was prepared by Rebekah Beal, Esq. Amendments have been proposed for seven Florida Rules of Civil Procedure. If these amendments take effect, it will change how foreclosures are handled in the State of Florida. Below, please find a synopsis of the proposed amendments and their potential impacts as evaluated by PLG: The Rural Housing Service (RHS or the Agency), a Rural Development (RD) agency of the United States Department of Agriculture (USDA) issued a demonstration program that will establish a new loss mitigation retention option, referred to as the Payment Supplement Account (PSA). Per RHS: “this demonstration program helps struggling borrowers that are delinquent on their mortgage payments are unable to obtain a payment reduction utilizing the currently available loss mitigation options.” Highlights of the Spring 2024 Unified Regulatory Agenda: The information contained herein is being provided as a courtesy only and does not constitute financial or legal advice nor is it intended to be relied upon as such. The information is general in scope. Please note that there may be additional facts, circumstances or jurisdictional considerations not addressed in this communication. On June 28, 2016, Ohio Governor John Kasich signed House Bill 390 into law thereby authorizing the use of a "private selling officer" to conduct a judicial foreclosure sale in lieu of the county sheriff. This later became codified as Ohio Revised Code §2329.152. The primary purpose Ohio Revised Code §2329.152 was not only to cure the backlog and volume of sheriff sale orders and unsold properties caused by the foreclosure crisis, but to create a comprehensive regulatory framework which would operate uniformly throughout all of Ohio’s 88 counties to provide efficient foreclosure procedures, increase the sale prices of foreclosed homes, and reduce the number of vacant properties blighting Ohio’s cities. Tweaked again in April of 2017 and March of 2019, and while not consistently implemented across the state, Ohio Revised Code §2329.152 was still effective in reducing the delay caused by Sheriff’s sales and bringing foreclosure sales into the modern era. Things are changing for the better in Ohio. Currently, while some courts allow or require eFiling, others still require physical delivery and even original signatures on documents in cases filed in Courts of Common Pleas. However, Ohio House Bill 305, which has been passed by the House and is in committee and expected to pass in the Senate, would require electronic filing of pleadings or documents in courts of common pleas (with the exception of probate and juvenile courts) and in municipal courts and county courts throughout the State of Ohio. Furthermore, any fees associated with electronic filing may be paid after the filing is made, unless the Clerk provides for an online payment system. The electronically filed copy of the pleading or document will be considered the official version of the document. The Clerk of Courts in each particular county may determine whether electronic filing may be achieved by email or an electronic filing platform. Once the Bill passes, counties will have 270 days to comply. The text of House Bill 205 can be read in its entirety as passed by the House at hb305_02_PH. This post was prepared by Ellen L. Fornash, Esq. |
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The information contained on this blog shall not constitute legal advice or a legal opinion. The existence of or review and/or use of this blog or any information hereon does not and is not intended to create an attorney-client relationship. Further, no information on this blog should be construed as investment advice. Independent legal and financial advice should be sought before using any information obtained from this blog. It is important to note that the cases are subject to change with future court decisions or other changes in the law. For the most up-to-date information, please contact Padgett Law Group (“PLG”). PLG shall have no liability whatsoever to any user of this blog or any information contained hereon, for any claim(s) related in any way to the use of this blog. Users hereby release and hold harmless PLG of and from any and all liability for any claim(s), whether based in contract or in tort, including, but not limited to, claims for lost profits or consequential, exemplary, incidental, indirect, special, or punitive damages arising from or related to their use of the information contained on this blog or their inability to use this blog. This Blog is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. |
Padgett Law Group and Padgett Law Group EP are D/B/As of Timothy D. Padgett, P.A. Timothy D. Padgett, P.A.'s practice areas include creditors' rights, estate planning and probate, real estate transactions and litigation. Not all practices or services are available in all states in which Timothy D. Padgett, P.A. practices.
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