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ARTICLE · 08 APRIL 2022

Does CAFA Permit Appellate Review Of Sua Sponte Remand Orders?

In this appeal, the Tenth Appellate District affirmed the trial court's decision, agreeing that although the acknowledgment clause erroneously stated the previous sheriff's name, the clause substantially complied...

United StatesLitigation, Mediation & Arbitration

Ohio

Substantially compliant acknowledgment clause

WWSD, LLC v. Woods, 10th Dist. Franklin No. 20AP-403, 2022-Ohio-952

In this appeal, the Tenth Appellate District affirmed the trial court's decision, agreeing that although the acknowledgment clause erroneously stated the previous sheriff's name, the clause substantially complied with Ohio's statutory requirements and the sheriff's deed was valid.

The Bullet Point:  At issue in this dispute was the sufficiency of a sheriff's deed that conveyed title in real property to the plaintiffs. Ohio courts have held that where the acknowledgment or execution of a deed is defective, the deed is ineffective as against subsequent creditors. Therefore, according to defendant, a defective acknowledgment does not protect a grantee from third-party claims or confer standing to sue.

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