Case No. 2011-1526 PHH Mortgage Corporation v. Michael S. Prater, et al.







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Does Posting Date and Time of Foreclosure Sale on Website Satisfy Legal Requirement of 'Notice' to Mortgage Holder?

PHH Mortgage Corporation v. Michael S. Prater, et al., Case no. 2011-1526
Twelfth District Court of Appeals (Clermont County)


Does posting the date, time and location of a sheriff’s sale of a foreclosed property on a sheriff’s department website constitute “constructive notice by publication” to a party with an ownership interest in the foreclosed property, and if so, is such notice legally sufficient when the interested party’s mailing address is known to or easily ascertainable by the sheriff?
Was a form letter advising local attorneys that the sheriff was discontinuing the practice of mailing sheriff’s sale advertisements, and that information about upcoming sales would be “available” on the sheriff’s office website, sufficient to meet the due process requirement that interested parties must be given “notice by mail or other means as certain to ensure actual notice” prior to a property sale?
00:00:20David Gauntner for PHH Mortgage Corp.
00:17:33John Woliver for Clermont County Sheriff Scott Wolf
00:34:49Summation: David Gauntner for PHH Mortgage Corp.