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Russell J. Kutell
Member
Columbus, OH
Member
Columbus, OH
Russ applies his prior business education, industry involvement and over 25 years of legal experience to provide his clients with innovative solutions to real estate, financial, oil and gas and other commercial disputes. 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.
Russ 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.
Successfully defended clients in multiple loan and multiple party mortgage fraud cases.
Successfully obtained summary judgment declaring that the clientâs 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 partiesâ 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 doctorâs claims that the hospital had allegedly breached its obligation to bill for the doctorâs services.
Georgetown University Law Center, J.D., 1992, cum laude
The Tax Lawyer, Member, Editorial Board
University of Pennsylvania, College of Arts and Sciences, B.A., 1989, cum laude
University of Pennsylvania, Wharton School of Business, B.S., 1989, cum laude
New Jersey, 1992
New York, 1993
Ohio, 1997
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
The Best Lawyers in America©, Litigation-Real Estate, 2013-2021; Columbus Real Estate Litigation âLawyer of the Year,â 2018
Martindale-HubbellŸ AV Rated
Selected for inclusion as a 2013 Top Rated Lawyer in âBanking and Finance Lawâ in The American Lawyer Corporate CounselÂ
Selected for inclusion in âWhoâs Who in Energyâ in Columbus Business First, 2013-2014, 2014-2015
Selected for inclusion in Central Ohioâs Top Lawyers by Columbus CEOMagazine, 2009-2020
Ohio Super LawyersŸ Rising Star, 2005-2007
Ohio State Bar Association
Columbus Bar Association, Professional Ethics Committee; Common Pleas Court Committee; Real Property Committee; Federal Courts Committee
Ohio Land Title Association, Past President (2017-2018) and Past Trustee (2013-2019)
American Land Title Association, Title Counsel Committee
American Bar Association
Ohio Bankers League
Ohio Oil and Gas Association
âPandemic Fatigue . . . Maybe . . . Cyber Fraud and Elder Abuse Fatigue . . . Never!â Kentucky Land Title Association, Columbus, Ohio, June 9, 2021.
âLetâs Be Careful Out There: Identification for Cyber Fraud and Elder Abuse in the Title Industry,â Ohio Land Title Association, Columbus, Ohio, September 22, 2020.
âTitle Agency Ethics: Operating Ethically in an Unethical World,â Old Republic National Title Insurance Company, Columbus, Ohio, July 23, 2020.
âTitle Agency Ethics: Operating Ethically in an Unethical World,â Kentucky Land Title Association, Louisville, Kentucky, November 13, 2019.
âTitle Agency Ethics: Operating Ethically in an Unethical World,â Stewart Title Guaranty Company, Westerville, Ohio, November 11, 2019.
âReal Estate Closing Ethics: Operating Ethically in an Unethical World,â Ohio State Bar Association, Columbus, Ohio, October 16, 2019.
âTitle Agency Ethics: Operating Ethically in an Unethical World,â Old Republic National Title Insurance Company, Louisville, Kentucky, June 4, 2019.
âMineral Rights:Â Ownership and Potential Title Claims,â Ohio Land Title Association, Worthington, Ohio, April 18, 2017.
âMortgage Fraud: The Evolving ProblemâŠ.How to Detect and Avoid It,â Old Republic National Title Insurance Company, Dublin, Ohio, March 25, 2015 and Louisville, Kentucky, June 2, 2015.
âThe Coming Wave of Director and Officer Lawsuits: Navigating the Deluge of FOIC Enforcement, Dodd Frank and Borrower Lawsuitsâ; Ohio Bankers League/West Virginia Bankers Association/Illinois League of Financial Institutions Annual Convention, Sulphur Springs, West Virginia, July 30, 2013.
âOil and Gas Litigation: The New Rageâ, Old Republic National Title Insurance Company, Dublin, Ohio, November 13, 2012.
â2012 Ohio Oil and Gas Law Update: The Beginning of the Avalanche???â, Ohio Land Title Association, Columbus, Ohio, September 11, 2012.
â2012 Case Law Update and Legislative Updateâ, Ohio Land Title Association, Dublin, Ohio, May 4, 2012.
âEthics in Title Agency Operations: Knowing Right from Wrongâ, Old Republic National Title Insurance Company, Dublin, Ohio, November 15, 2011.
âBest Practices in Developing Controls for Agency Operationsâ, Stewart Title Guaranty Company, Columbus, Ohio, November 11, 2011.
âMortgage Fraud: Identification of Red Flags,â Ohio Land Title Association, Columbus, Ohio, June 14, 2011.
âBest Practices in Developing Controls for Agency Operations,â Old Republic National Title Insurance Company, Columbus, Ohio, November 16, 2010.
âTitle Court,â Ohio Land Title Association, Columbus, Ohio, May 8, 2010.
âClaims Chroniclesâ, Stewart Title Guaranty Company, Columbus, Ohio November 11, 2009.
âMortgage Fraud: An Ounce of Prevention is a Worth a Pound of Cure,â Ohio Land Title Association, Dublin, Ohio, May 1, 2009.
âWhatâs Hot in the Title Insurance Industry?â, Frost Brown Todd LLC Title Insurance Industry/Seminar Series, Columbus, Ohio, October 10, 2008.
âMortgage Fraud â Red Flags at the Table,â Old Republic National Title Insurance Company, Independence, Ohio, November 14, 2007.
âAffiliated Business Arrangements â Now and in the Future,â The Schottenstein, Zox & Dunn Title Insurance Industry Breakfast Exchange, Columbus, Ohio, August 22, 2007.
âProposed Regulations for Amended Senate Bill 185 â Impact to the Title Insurance Industry,â The Schottenstein, Zox & Dunn Title Insurance Industry Breakfast Exchange, Columbus, Ohio, January 18, 2007.
âConsumers Strike BackâŠWhat Amended Senate Bill 185 Means to You and Your Title Insurance Business,â Co-presenter, The Schottenstein, Zox & Dunn Title Insurance Industry Breakfast Exchange, Columbus, Ohio, July 18, 2006.
âMortgage Fraud: Federal, State and Local Criminal Enforcement and Civil Perspectives,â Old Republic National Title Insurance Company, Dublin, Ohio, March 16, 2006.
âThe Hot Issues: Ensuring Compliance in the Residential Mortgage Lending and Title Insurance Industry,â The Schottenstein, Zox & Dunn Title Insurance Industry Breakfast Exchange, Columbus, Ohio, December 14, 2005.
âHot Topics in Title Insurance Litigation: What is Old is New Again.â Ohio State Bar Association, Columbus, Ohio, June 29, 2021.
âA Mortgage by Any Other Name is Still a Mortgage: Griffin v. First Natâl Accept. Co., 2013-OHIO-4302 (11th Dist. Sept. 30, 2013),â Title Topics, Ohio Land Title Association, October 2013.
âAnother Ohio Appeals Court Finds Negligence is not a Bar to the Application of the Doctrine of Equitable Subrogation,â Frost Brown Todd Banking Law Blog, April 3, 2008.
âInadequately Informed Notaries: Nightmares to the Lending and Title Insurance Industries, Title Topics, Ohio Land Title Association, November, 2002.
âJunk Faxes: Do Recent Federal Regulations Assist in Navigating the Murky Waters of Advertising by Fax?â Broker Magazine, Broker Magazine and Source Media, Inc., March, 2007.
âJunk Faxes: Are You In Compliance?â Title News, American Land Title Association, Nov./Dec., 2006.
âJunk Faxes: More Than A Small Claims Matter,â  Broker Magazine, Broker Magazine and Source Media, Inc., March, 2006 and Title News, American Land Title Association, Nov./Dec., 2005.
âSafeguards to Ensure Proper Mortgage Recordings,â  Title Topics, Ohio Land Title Association, August, 2003.
âThe Importance of Proper Notarizations: A Lesson Never to Be Forgotten,â Title Topics, Ohio Land Title Association, December, 2004.
âWill the Real Owner of This Mortgage Please âStandâ: The Necessary Standing for Ohio Foreclosure Actions After Schwartzwald,â Frost Brown Todd Financial Services Blog, December 28, 2012.
August 21, 2020 | Press Releases
Includes 15 âLawyers of the Yearâ and 23 âOnes to Watchâ A total of 183 Frost Brown Todd (FB...
August 15, 2019 | Press Releases
Twenty-two earn additional âLawyer of the Yearâ title A total of 169 Frost Brown Todd (FBT) atto...
August 15, 2018 | Press Releases
Frost Brown Todd (FBT) is honored to announce that 163 of the firmâs attorneys have been recognize...
April 5, 2018 | Press Releases
The spring 2018 LogisticsConnect conference, set for April 24 at the Grand Event Center in Grandview...
November 16, 2017 | Press Releases
Frost Brown Todd (FBT) Member Russell Kutell has been appointed the 95th president of the Ohio Land ...
August 15, 2017 | Press Releases
Frost Brown Todd (FBT) announces that 161 of the firmâs attorneys have been recognized in the 2018...
August 15, 2016 | Press Releases
Frost Brown Todd (FBT) would like to congratulate the firmâs 168 attorneys recognized in the 2017 ...
May 17, 2016 | Press Releases
Some 120 attendees from the logistics, finance and retail sectors gathered for LogisticsConnect in C...
August 17, 2015 | Press Releases
Frost Brown Todd (FBT) would like to congratulate the firmâs 175 attorneys recognized in the 2016 ...
May 4, 2015 | Blogs
In a relatively unnoticed enactment of the Kentucky General Assembly, KRS § 382.290 a...