Toledo antipredatory mortgage loan ordinance unenforceable.

IN JULY, ROBERT CHRISTIANSEN, LUCAS County, Ohio, Common Pleas Court judge, ruled that the Toledo, Ohio, antipredatory mortgage loan ordinance (Ordinance No. 271-03) is in direct conflict with the state "covered loan" law, and therefore is unenforceable.

The Lucas County Common Pleas

Court granted the motion for summary judgment in favor of the American Financial Services Association (AFSA), Washington, D.C., which had been joined by Ohio Attorney General Jim Petro, who sought to defend the state "covered loan" law that was passed in February 2002 and became effective in May 2002. The state "covered loan" law specifically pre-empts the ability of local governments to regulate predatory lending. Toledo Mayor Jack Ford will appeal the court's decision.

In November 2002, the Toledo City Council passed the antipredatory lending ordinance (Ordinance No. 291-02). In July 2003, Toledo repealed the ordinance and enacted Ordinance No. 271-03, which contained similar antipredatory lending provisions. AFSA filed suit against the city in March 2003, asking the court to overturn the ordinance because it was vaguely written, conflicted with state law, and was unconstitutional, and Petro subsequently intervened in the case. The court stayed the enforcement of the ordinance pending final disposition of the case.

The Lucas County decision came shortly after the June 18, 2004, Ohio Court of Appeals' decision ruling that the city of Dayton's antipredatory lending ordinance (Ordinance No. 29990-01) conflicts with the state "covered loan" law, and therefore is unenforceable.