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2011-11-07 — mfi-miami.com
In other words, recording the notes and transfers is definitely not the only problem! -- ``The mortgage was not properly executed because the borrower/mortgagor's signature was not notarized as required by Ohio Revised Code Section 5301.01. The mortgage was appropriately recorded despite the deficiency... In OneWest Bank v. Dorner... he decided that the statute did not apply because the first filed mortgage was defectively executed. Judge McDonald based that decision on an Ohio Supreme Court case which he said holds that a defectively executed deed does not transfer property such that a later creditor of the transferor cannot get that property...''
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