Last November our office sent a bulletin advising of a dispute regarding title report endorsements that arose in Cuyahoga County. At that time, the Ohio Title Insurance Ratings Bureau announced a change to its policy regarding judicial title report forms and strictly forbid the use of title report endorsements previously used in Cuyahoga County.
The Cuyahoga Common Pleas Court responded by announcing cases would be delayed or dismissed altogether if the presiding magistrate determined any title report endorsement was necessary and Plaintiff failed to provide the same.
This issue was brought to the attention of the Ohio Supreme Court which resulted in the issue being mediated.
As a result of the recommended mediation, a resolution has been reached whereby standardized Preliminary Judicial Report and Endorsement forms have been agreed upon by both the Court and the Ohio title insurance community alike.
These new forms are slated to roll-out sometime in April of this year. Meanwhile, pending cases requiring title report endorsements will remain stagnant until these new forms are drafted and become available.
Until then, the foreclosure committee of the Cuyahoga Common Pleas Court has recommended suspension of any dismissals which would otherwise result from Plaintiff’s failure to provide required title report endorsements.
Our office will continue to monitor for any new developments and will advise accordingly.