affirmative defenses foreclosure

• Deutsche Bank Natl. Trust Co. v. Pagani, (Ohio 2009)

Foreclosure, Party in Interest, Affirmative Defenses, Summary Judgment

• Ohio Supreme Court

• UBS Real Estate Secs., Inc. v. Teague, (Ohio 2010)

Trial court erred in denying homeowners’ Civ.R. 60(B) motion for relief from summary judgment on lender’s foreclosure claims without a hearing. Homeowners’ motion was timely, and homeowners set forth affirmative defenses in their answer that, if proven, would have constituted defenses to the judgment. Questions of fact existed as to whether grounds for relief under Civ.R. 60(B)(1) had been established. Homeowners could not claim in appeal from the denial of their Civ.R. 60(B) motion that the trial court erred in granting summary judgment to lender and foreclosing upon the mortgage. Such claim should have been raised in a direct appeal from the summary judgment. Judgment reversed and cause remanded for further proceedings.

• Ohio Supreme Court

• 8th Circuit Rules Lender's Right to Arbitrate Waived in Bankruptcy Case

A lender waived its right to arbitrate consumer claims in a borrower's bankruptcy case where it delayed seeking arbitration until after the borrower objected to the lender's proof of claim and raised affirmative defenses, the 8th Circuit has ruled. The borrower filed for Chapter 13 bankruptcy protection to avoid foreclosure. The lender filed a proof of claim in the bankruptcy case for over $58,000 based on principle, interest and late fees allegedly owed on a consumer loan secured by the borrower's trailer home.

• Lawyers USA
• June 19, 2007

• ABN Amro Mtge. Group, Inc. v. Arnold, (Ohio 2005)

Trial court erred in its view that the defendants had the initial burden of informing the court as to the existence of a genuine issue of material fact on their affirmative defenses to an action for foreclosure. Trial court also erred in dismissing cross-claims seeking to join additional parties on the basis that those claims were “not identical” to counterclaims or cross-claims asserted against existing parties. Judgment affirmed in part, reversed in part, and remanded for further proceedings.

• Ohio Supreme Court

• Jefferson County Foreclosure Victim to Court: Unlawful Detainer Law Unconstitutional

Although a Jefferson County man had never missed a mortgage payment, he lost his Imperial home to foreclosure and was barred from presenting evidence of a wrongful foreclosure as a defendant in a subsequent lawsuit. That's the way it works in an unlawful detainer hearing -- where Missouri law precludes defendants from questioning the validity of titles to real estate and from filing affirmative defenses and counterclaims.

• Missouri Lawyers Media
• January 18, 2012

• Beach v. Ocwen Fed. Bank, 523 U.S. 410 (1998)

..., and in 1992 Great Western began this foreclosure proceeding. Respondent bank was thereafter substit... acknowledged their default but raised affirmative defenses, alleging, inter alia, that the bank's fa...

• U.S. Supreme Court

• Missouri Supreme Court Dismisses Foreclosure Victim's Appeal in Unlawful Detainer Case

A Jefferson County man had never missed a mortgage payment, but still lost his Imperial home to foreclosure and was barred from presenting evidence of a wrongful foreclosure as a defendant in a subsequent lawsuit. That's because Missouri law precludes defendants in an unlawful detainer hearing from questioning the validity of titles to real estate and from filing affirmative defenses and counterclaims.

• Missouri Lawyers Media
• March 13, 2012

• Citibank, N.A., Plaintiff-Appellee, v. Nyland (Cf8) Ltd., the Republic of the Philippines, Defendants-Appellants, New York Land Company A/K/a Great Neckers Realty, Inc., Et Al., Defendants., 878 F.2d 620 (2nd Cir. 1989)

...1488. Nyland asserts a number of affirmative defenses to the Court's judgment of foreclosure. I...

• Federal Circuits

• The legal infrastructure of ex post consumer debtor protections.

... carry great legal significance: foreclosure auctions of homes. Those representing the mortgage... also may discourage lawyers from affirmatively taking on legal disputes that would help the clien... Reinvestment Act], common law claims and defenses, and that lawyer must have the ability to raise an...

• Fordham Urban Law Journal
• Vol. 38 Nbr. 3, March 2011

• Wells Fargo Minnesota, N.A. v. Finley, (Ohio 2008)

Plaintiff in a foreclosure action that filed a motion for summary judgment demonstrating that Defendant breached the duties imposed on her by the note she signed was not also required to offer evidence contradicting the affirmative defenses in the Defendant’s answer to the Plaintiff’s complaint. Affirmed.

• Ohio Supreme Court