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Flagstar Bank, F.S.B. v. Airline Union's Mortgage Co.

OhioApril 27, 2011No. 2010-0508 and 2010-0511Cited 56 times

Case Details

Judge(s)
Lanzinger, O'Connor, Stratton, Cupp, Brown, Pfeifer, O'Donnell
Status
Published
Procedural Posture
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The Ohio Supreme Court affirmed that the four-year statute of limitations for professional negligence against an appraiser begins on the date the negligent act is committed, not when damages are discovered. Flagstar Bank's complaint filed more than four years after the appraisals were completed was barred.

What This Ruling Means

**What happened:** Flagstar Bank sued Airline Union's Mortgage Company over appraisals that the bank claimed were done negligently. The bank filed its lawsuit more than four years after the appraisals were completed, arguing that the time limit for filing should start when they discovered the problems, not when the appraisals were originally done. **What the court decided:** The Ohio Supreme Court ruled in favor of Airline Union's Mortgage Company. The court decided that when someone wants to sue a professional for negligence, they must file their lawsuit within four years of when the alleged negligent work was actually performed, not when the problems were later discovered. Since Flagstar Bank waited more than four years after the appraisals were completed, their lawsuit was dismissed as being filed too late. **Why this matters for workers:** This ruling clarifies an important time limit that protects workers and companies from being sued indefinitely. It means that professionals cannot face lawsuits years and years after completing their work, providing more certainty and finality. However, it also means that if someone has a legitimate complaint about professional services, they need to act relatively quickly or risk losing their right to sue.

This summary was generated to explain the ruling in plain English and is not legal advice.

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