July 10, 2014
U.S. Bank Had Standing to Bring Action
The court in deciding United States Bank Nat’l Ass’n v. McHugh, 2013-Ohio-5473 (Ohio Ct. App., Lucas County, 2013) affirmed the judgment of the Lucas County Court of Common Pleas. In their sole assignment of error, McHugh argued that US Bank … Continue reading
July 10, 2014 in Ohio | Permalink | No Comments
June 16, 2014
Ohio Appeals Court Reverses Summary Judgment in Favor of Bank as Genuine Issue of Fact Existed as to Whether the Bank held the Note
The court in deciding U.S. Bank N.A. v. Kamal, 2013-Ohio-5380 (Ohio Ct. App., Mahoning County, 2013) reversed and remanded the lower court’s ruling. The court decided that there were genuine issues of material fact as to whether U.S. Bank was … Continue reading
June 16, 2014 in Ohio | Permalink | No Comments
June 12, 2014
Ohio Court Finds that Dismissal of Plaintiff’s Foreclosure Complaint did not Deprive it of Jurisdiction Over Defendants and Their TILA Claims
The court in deciding Wells Fargo Bank, N.A. v. Wick, 2013-Ohio-5422 (Ohio Ct. App., Cuyahoga County, 2013) found that the trial court’s dismissal of plaintiff’s foreclosure complaint did not deprive it of jurisdiction over defendants and their TILA claims, as … Continue reading
June 12, 2014 in Ohio | Permalink | No Comments
May 30, 2014
Ohio Appellate Court Affirms Judgment in Favor of Arch Bay Holdings
The court in deciding Arch Bay Holdings, LLC v. Brown, 2013-Ohio-5453 (Ohio Ct. App., Montgomery County, 2013) found that the lower court did not err in confirming the sheriff’s sale, thus the judgment of the Montgomery County Common Pleas Court … Continue reading
May 30, 2014 in Ohio | Permalink | No Comments
May 29, 2014
Ohio Appeals Court Denies Assignment Error Claim Brought by Appellee
The court in deciding United States Bank Nat’l Ass’n v. McHugh, 2013-Ohio-5473 (Ohio Ct. App., Lucas County, 2013) concluded that the trial court properly denied mortgagors’ motion under Civ.R. 60(B)(2). Appellants argued that appellee lacked standing and was not the … Continue reading
May 29, 2014 in Ohio | Permalink | No Comments
May 1, 2014
Court Finds that BAC Home Loans did not Have Standing to File Suit
The court in deciding BAC Home Loans Servicing, L.P. v. Blythe, 2013-Ohio-5775 (Ohio Ct. App., Columbiana County, 2013) reversed the lower court’s decision and found that appellee had not established that it was the current holder of the note and … Continue reading
May 1, 2014 in Ohio | Permalink | No Comments
April 18, 2014
Since Bank was the Note-Holder it was a Person Entitled to Enforce the Note Pursuant to R.C. 1303.31(A)(1)
The court in deciding Bank of Am., N.A. v. Pasqualone, 2013-Ohio-5795 (Ohio Ct. App., Franklin County, 2013) affirmed the decision of the lower court. The court found that the promissory note was a negotiable instrument subject to relevant provisions of … Continue reading
April 18, 2014 in Ohio | Permalink | No Comments
