July 10, 2014

U.S. Bank Had Standing to Bring Action

By Ebube Okoli

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

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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

By Ebube Okoli

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

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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

By Ebube Okoli

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

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June 12, 2014 in Ohio | Permalink | No Comments

May 30, 2014

Ohio Appellate Court Affirms Judgment in Favor of Arch Bay Holdings

By Ebube Okoli

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

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May 30, 2014 in Ohio | Permalink | No Comments

May 29, 2014

Ohio Appeals Court Denies Assignment Error Claim Brought by Appellee

By Ebube Okoli

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

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May 29, 2014 in Ohio | Permalink | No Comments

May 1, 2014

Court Finds that BAC Home Loans did not Have Standing to File Suit

By Ebube Okoli

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

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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)

By Ebube Okoli

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

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April 18, 2014 in Ohio | Permalink | No Comments