New Ohio Receivership Laws: A Mixed Bag for Lenders

Effective March 23, 2015, lenders foreclosing commercial mortgages in Ohio are playing by new rules.  The revisions to Ohio’s receivership law, O.R.C. § 2735.01 et seq., clarify a receiver’s authority and, most importantly, codify a receiver’s authority to sell the property free and clear of all liens.  However, while a receiver can sell property free and clear of a lender’s interest, the new legislation also provides that “the court may require that the receiver solicit and consider additional offers.”  This addition benefits lenders by providing the court a mechanism to ensure the property is sold at the highest price.  For additional details see O.R.C. § 2735.04.

Justin Knappick is an attorney in the law firm of Dressman Benzinger LaVelle, with offices in Cincinnati, Ohio, Crestview Hills, Kentucky, and Louisville, Kentucky.