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· 8/12/2022

Forsythe Fin., L.L.C. v. Yothment

Citations

  • 2022 Ohio 2798

Syllabus

CIV.R. 12(B)(6) – OHIO MORTGAGE LOAN ACT – OHIO CONSUMER SALES PRACTICES ACT – CREDIT SERVICES ORGANIZATION ACT: The trial court erred in granting third-party defendant's Civ.R. 12(B)(6) motion to dismiss for failure to state a claim where third-party plaintiff borrowers pled sufficient facts that, if proved, would entitle them to relief under the Ohio Mortgage Loan Act, the Ohio Consumer Sales Practices Act, and/or the Ohio Credit Services Organization Act.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “When a variable interest rate is based on the rate of a failed institution, the trial court must determine whether the substitute rate is reasonable by examining the documents and testimony offered by the plaintiff.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bergeron

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.