February 22, 2014
The Court of Appeals of Ohio Upholds Foreclosure Judgment Against Homeowner for Failing to Challenge Bank’s Standing During Trial
In October 2013, the Court of Appeals of Ohio in Wells Fargo Bank N.A., v. Arlington affirmed a trial court’s judgment in favor of the plaintiff bank in a foreclosure action because the homeowner did not properly challenge the bank’s … Continue reading
February 22, 2014 in Ohio | Permalink | No Comments
February 18, 2014
Ohio Court Finds that Bank of America had Standing to Foreclose and MERS had Authority to Assign
The court in deciding Bank of Am., N.A. v. Harris, 2013-Ohio-5749 (Ohio Ct. App., Cuyahoga County Dec. 26, 2013) found there was no merit to plaintiff’s appeal, and affirmed the lower court’s dismissal. Defendant, Frederick Harris, appealed from the trial … Continue reading
February 18, 2014 in Ohio | Permalink | No Comments
January 9, 2014
Ohio Appeals Court Affirms Lower Court Decision Granting Summary Judgement in Favor of Bank of America
The court in deciding Bank of Am., N.A. v. Hizer, 2013-Ohio-4621 (Ohio Ct. App., Lucas County 2013) ultimately granted the defendant’s motion for summary judgment. This case was an appeal from a judgment of the Lucas County Court of Common … Continue reading
January 9, 2014 in Ohio | Permalink | No Comments
December 10, 2013
Ohio Court Finds That Plaintiffs Were Not Bona Fide Purchasers
The Court of Appeals of Ohio, Fifth Appellate District, in deciding Bank of N.Y. Mellon v. Casey, 2013-Ohio-4686 (Ohio Ct. App., Fairfield County Oct. 21, 2013) affirmed the lower court’s judgment and held that the plaintiffs were not bona fide … Continue reading
December 10, 2013 in Ohio | Permalink | No Comments
October 3, 2013
Ohio Court Dismisses Plaintiff’s Claim That Defendant Lacked Standing to Foreclose
The Ohio court in Turner v. Lerner, Sampson & Rothfuss, 776 F.Supp.2d 498 (2011) granted in part and denied in part the defendant’s motion to dismiss. The plaintiffs alleged that defendant [Lerner] engaged in the widespread practice of filing and … Continue reading
October 3, 2013 in Ohio | Permalink | No Comments
July 9, 2013
Ohio Court Grants in Part Securitization Sponsors’ Motions to Dismiss
In Western & Southern Life Ins. Co. v. Residential Funding Co., No. A1105042, slip op. at 15 (Ohio Ct. Common Pleas June 6, 2012), an Ohio state trial court granted in part and denied in part motions to dismiss brought … Continue reading
July 9, 2013 in Ohio | Permalink | No Comments
June 12, 2013
Ohio Bankruptcy Court Rules in Favor of Wells Fargo: Failure to Properly Record Mortgage Assignment Does Not Invalidate Mortgage
In In re Williams, 395 B.R. 33 (Bankr. S.D. Ohio 2008), the Ohio Bankruptcy Court granted the defendant, Wells Fargo Bank, N.A.’s motion to dismiss the Plaintiff’s complaint, holding that mortgage assignments must be recorded under Ohio law, but that … Continue reading
June 12, 2013 in Ohio | Permalink | No Comments
