Practice Areas
Bar memberships
- New Jersey, 1992
- New York, 1993
- Ohio, 1997
Courts
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Southern District of Ohio
- Court of Appeals, Sixth Circuit
Education
- Georgetown University Law Center, J.D., 1992, cum laude
- The Tax Lawyer
- Member, Editorial Board
Russell J. Kutell
Russell is a member of Frost Brown Todd, LLC, with a practice concentrated in real estate 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
- Martindale-Hubbell® AV Rated
- Fellow, Litigation Counsel of America®
- Selected for inclusion in Central Ohio's Top Lawyers by Columbus CEO Magazine (2009-2011)
- Ohio Super Lawyers® Rising Star (2005-2007)
Memberships & Affiliations
- Ohio State Bar Association, Federal Courts Committee
- Columbus Bar Association, Common Pleas Court Committee; Real Property Committee
- Ohio Land Title Association, Education Committee, Chairperson; Legislative Liaison and Study Committee
- American Land Title Association, Title Counsel Committee
- American Bar Association
Recent Blog Posts
Publications
Press Releases
Civic & Charitable Organizations
- New Albany-Plain Local School District, Finance Committee Member
- Temple Israel, Education Committee Member
Published Articles & Seminars
Articles
"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.
"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.
"The Importance of Proper Notarizations: A Lesson Never to Be Forgotten," Title Topics, Ohio Land Title Association, December, 2004.
"Safeguards to Ensure Proper Mortgage Recordings," Title Topics, Ohio Land Title Association, August, 2003.
"Inadequately Informed Notaries: Nightmares to the Lending and Title Insurance Industries, Title Topics, Ohio Land Title Association, November, 2002.
Seminars
"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 Copany, 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.
