logologologologo
  • Areas of Practice
    • Commercial Litigation
    • Business, Corporate, Real Estate Law
    • Divorce, Custody and Family Law
    • Employment Law
    • Probate and Estate
    • Serious Accident and Injury Lawsuits
    • Outside General Counsel
  • Our Attorneys
    • Robert J. Behal
    • Jack D`Aurora
    • John M. Gonzales
    • John P. Johnson II
    • Jeffrey A. Eyerman
    • Gilbert J. Gradisar
    • DeAnna J. Duvall
  • About
    • Location
    • Cases We’ve Handled
    • Legal Fees
    • Testimonials
  • News and Information
  • Contact

Shortcuts in foreclosures create problems

  • Home
  • News and Information
  • Uncategorized
  • Shortcuts in foreclosures create problems
Contract terms can trump fairness
November 2, 2016
Commercial lease–solar panels
December 14, 2016
Published by Jack D'Aurora at December 13, 2016
Categories
  • Uncategorized
Tags

Foreclosure actions can sometimes be complicated, but generally they’re straightforward cases where the bank should prevail—unless the bank’s counsel takes shortcuts.

Here’s an example. After initiating a foreclosure action, a lender filed a motion for summary judgment, a means of obtaining judgement without the need of trial. The strategy should have worked but didn’t.

Why not? When moving for summary judgment, you have to persuade the court there isn’t any substantial disagreement about the facts. If the court concludes it has to choose between conflicting facts, then it cannot grant summary judgment, and a trial is required.

Things went wrong for the lender because the affidavit submitted by the lender’s representative with the motion raised more questions than it answered. The affidavit should have made clear that the representative had personal knowledge of the loan file, had reviewed the note and mortgage, and that true and correct copies of these documents had been submitted to the court. The affidavit should have also provided facts as to the default.

Instead, the affidavit contained some general statements that made it by the trial court but not the appellate court. In the appellate courts’ view, the affidavit lacked “clarity and specificity.”

Now what? The lender gets to file a second motion for summary judgment. Once upon a time, I worked for a Marine Corps colonel who would say in situations like this, “Funny, but there’s always time to do things right the second time.”

[Green Tree Servicing v. Easley, 2016-Ohio-7880]

 

Share
0
Jack D'Aurora
Jack D'Aurora

Related posts

December 13, 2020

John Johnson re-certified as a family law specialist


Read more
October 25, 2020

Exceptions to the “no-oral modification” provision in a contract


Read more
May 7, 2020

Animal cruelty is for real—and results in jail time


Read more

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Search

Categories

  • Cases We’ve Handled
  • News
  • Uncategorized

Recent Posts

  • 1
    John Johnson re-certified as a family law specialist
    December 13, 2020
  • 0
    COVID-19 poses litigation exposure for employers
    November 16, 2020
  • 0
    Exceptions to the “no-oral modification” provision in a contract
    October 25, 2020
  • 0
    States considering offering legal protection to hospitals
    August 16, 2020
  • 0
    Animal cruelty is for real—and results in jail time
    May 7, 2020

Areas of Practice

  • Commercial Litigation
  • Business, Corporate, Real Estate Law
  • Divorce, Custody and Family Law
  • Employment Law
  • Probate and Estate
  • Serious Accident and Injury Lawsuits
  • Outside General Counsel

Recent News and Information

  • John Johnson re-certified as a family law specialist
  • COVID-19 poses litigation exposure for employers
  • Exceptions to the “no-oral modification” provision in a contract
  • States considering offering legal protection to hospitals
  • Animal cruelty is for real—and results in jail time

Resources and Forms

  • Resources and Forms
    • Westlaw – Headnote of the Day
    • Ohio Secretary of State – Business Services
    • Franklin County Recorder – Document Search
    • Franklin County Common Pleas Court Online Docket
    • Franklin County Auditor – Real Property Lookup
    • Delaware County Recorder – Document Search
    • Delaware County Common Pleas Court Online Docket
    • Delaware County Auditor – Real Property Lookup
    • Columbus Dispatch

Behal Law © 2021 | Designed by SiteInSight