Russell J. Kutell

Columbus
T 614.559.7280
F 614.464.1737
10 West Broad Street
One Columbus Center, Suite 2300
Columbus, Ohio 43215-3484

Russell is a member of Frost Brown Todd, with a practice concentrated in real estate, lending, oil and gas and other commercial litigation. He represents title insurance underwriters, title insurance agents, mortgage brokers, lenders, and other corporate and individual clients in matters involving land title issues, mortgage fraud, real estate disputes, lending and truth-in-lending issues, insurance coverage issues, contract disputes, and business torts.

Russell is also a member of the Board of Managers of the law firm's title agency, Multi-State Title Agency, Ltd. Multi-State is an agent for six title insurance underwriters including Chicago Title Insurance Company, Commonwealth Land Title Insurance Company, Fidelity National Title Insurance Company, First American Title Insurance Company, Old Republic National Title Insurance Company, and Stewart Title Guaranty Company.

Experience

Successfully defended clients in multiple loan and multiple party mortgage fraud cases.

Successfully obtained summary judgment declaring that the client's recorded mortgage securing a $225,000 loan had first priority despite the existence of a prior unrecorded mortgage.

Successfully obtained the dismissal of a fraudulent conveyance and preference transfer action against several directors and shareholders of a magazine and periodical wholesaler.

Assisted in successfully pursuing and obtaining a judgment for a corporate and individual client totaling approximately $180,000 for claims arising out of the opposing parties' breach of an asset purchase agreement and non-compete agreement.

Assisted in the successful defense and in obtaining a judgment in favor of a hospital dismissing a doctor's claims that the hospital had allegedly breached its obligation to bill for the doctor's services.  

Highlights & Recognitions

  • The Best Lawyers in America©, Litigation-Real Estate, 2013-2018; Columbus Real Estate Litigation "Lawyer of the Year," 2018
  • Martindale-Hubbell® AV Rated
  • Senior Fellow, Litigation Counsel of America®
  • Selected for inclusion as a 2013 Top Rated Lawyer in "Banking and Finance Law" in The American Lawyer Corporate Counsel 
  • Selected for inclusion in "Who's Who in Energy" in Columbus Business First, 2013-2014, 2014-2015
  • Selected for inclusion in Central Ohio's Top Lawyers by Columbus CEO Magazine, 2009-2017
  • Ohio Super Lawyers® Rising Star, 2005-2007

Memberships & Affiliations

  • Ohio State Bar Association, Federal Courts Committee
  • Columbus Bar Association, Professional Ethics Committee; Common Pleas Court Committee; Real Property Committee
  • Ohio Land Title Association, President-Elect and Trustee
  • American Land Title Association, Title Counsel Committee
  • American Bar Association
  • Ohio Bankers League
  • Ohio Oil and Gas Association

Non-FBT Publications and Events

Articles

"A Mortgage by Any Other Name is Still a Mortgage: Griffin v. First Nat'l Accept. Co., 2013-OHIO-4302 (11th Dist. Sept. 30, 2013)," Title Topics, Ohio Land Title Association, October 2013.

"Another Ohio Appeals Court Finds Negligence is not a Bar to the Application of the Doctrine of Equitable Subrogation," Frost Brown Todd Banking Law Blog, April 3, 2008.

"Inadequately Informed Notaries: Nightmares to the Lending and Title Insurance Industries, Title Topics, Ohio Land Title Association, November, 2002.

"Junk Faxes: Do Recent Federal Regulations Assist in Navigating the Murky Waters of Advertising by Fax?" Broker Magazine, Broker Magazine and Source Media, Inc., March, 2007.

"Junk Faxes: Are You In Compliance?" Title News, American Land Title Association, Nov./Dec., 2006.

"Junk Faxes: More Than A Small Claims Matter,"  Broker Magazine, Broker Magazine and Source Media, Inc., March, 2006 and Title News, American Land Title Association, Nov./Dec., 2005. 

"Safeguards to Ensure Proper Mortgage Recordings,"  Title Topics, Ohio Land Title Association, August, 2003.

"The Importance of Proper Notarizations: A Lesson Never to Be Forgotten," Title Topics, Ohio Land Title Association, December, 2004.

"Will the Real Owner of This Mortgage Please 'Stand": The Necessary Standing for Ohio Foreclosure Actions After Schwartzwald," Frost Brown Todd Financial Services Blog, December 28, 2012.

Seminars

"Mineral Rights: Ownership and Potential Title Claims," Ohio Land Title Association, Worthington, Ohio, April 18, 2017.

"Mortgage Fraud: The Evolving Problem....How to Detect and Avoid It," Old Republic National Title Insurance Company, Dublin, Ohio, March 25, 2015 and Louisville, Kentucky, June 2, 2015.

"The Coming Wave of Director and Officer Lawsuits: Navigating the Deluge of FOIC Enforcement, Dodd Frank and Borrower Lawsuits"; Ohio Bankers League/West Virginia Bankers Association/Illinois League of Financial Institutions Annual Convention, Sulphur Springs, West Virginia, July 30, 2013.

"Oil and Gas Litigation: The New Rage", Old Republic National Title Insurance Company, Dublin, Ohio, November 13, 2012.

"2012 Ohio Oil and Gas Law Update: The Beginning of the Avalanche???", Ohio Land Title Association, Columbus, Ohio, September 11, 2012.

"2012 Case Law Update and Legislative Update", Ohio Land Title Association, Dublin, Ohio, May 4, 2012.

"Ethics in Title Agency Operations: Knowing Right from Wrong", Old Republic National Title Insurance Company, Dublin, Ohio, November 15, 2011.

"Best Practices in Developing Controls for Agency Operations", Stewart Title Guaranty Company, Columbus, Ohio, November 11, 2011.

"Mortgage Fraud: Identification of Red Flags," Ohio Land Title Association, Columbus, Ohio, June 14, 2011.

"Best Practices in Developing Controls for Agency Operations," Old Republic National Title Insurance Company, Columbus, Ohio, November 16, 2010.

"Title Court," Ohio Land Title Association, Columbus, Ohio, May 8, 2010.

"Claims Chronicles", Stewart Title Guaranty Company, Columbus, Ohio November 11, 2009.

"Mortgage Fraud: An Ounce of Prevention is a Worth a Pound of Cure," Ohio Land Title Association, Dublin, Ohio, May 1, 2009. 

"What's Hot in the Title Insurance Industry?", Frost Brown Todd LLC Title Insurance Industry/Seminar Series, Columbus, Ohio, October 10, 2008.

"Mortgage Fraud -- Red Flags at the Table," Old Republic National Title Insurance Company, Independence, Ohio, November 14, 2007.

"Affiliated Business Arrangements -- Now and in the Future," The Schottenstein, Zox & Dunn Title Insurance Industry Breakfast Exchange, Columbus, Ohio, August 22, 2007.

"Proposed Regulations for Amended Senate Bill 185 -- Impact to the Title Insurance Industry," The Schottenstein, Zox & Dunn Title Insurance Industry Breakfast Exchange, Columbus, Ohio, January 18, 2007.

"Consumers Strike Back...What Amended Senate Bill 185 Means to You and Your Title Insurance Business," Co-presenter, The Schottenstein, Zox & Dunn Title Insurance Industry Breakfast Exchange, Columbus, Ohio, July 18, 2006.

"Mortgage Fraud: Federal, State and Local Criminal Enforcement and Civil Perspectives," Old Republic National Title Insurance Company, Dublin, Ohio, March 16, 2006.

"The Hot Issues: Ensuring Compliance in the Residential Mortgage Lending and Title Insurance Industry," The Schottenstein, Zox & Dunn Title Insurance Industry Breakfast Exchange, Columbus, Ohio, December 14, 2005.

Other Contact Info

Assistant

Trenia Kelley
Email
T 614.559.7289
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