Ma v. Gomez

Citations

• 209 N.E.3d 178
• 2023 Ohio 524

Syllabus

Land installment contract forfeiture fraud foreclosure breach of contract notice voluntary satisfaction statute of frauds part performance promissory estoppel oral modification of contract. The vendor of a land installment contract was entitled to summary judgment against the vendee in a forfeiture action where the vendee stopped making monthly payments on the contract and stopped paying property taxes on the parcel. The vendee did not meet his burden to establish a genuine issue of material fact for trial on his defenses, which included that the vendor had failed to include certain required disclosures in the land installment contract, that the vendor had allegedly agreed orally that the vendee could postpone making payments and that the trial court should have considered issues of setoff and reimbursement before forfeiting the vendee's interest in the contract. The alleged oral agreement was barred by the statute of frauds. The vendees also challenged the trial court's order nullifying a quitclaim deed to the subject property. We found that assignment of error to be moot because the vendor recorded the judgment before the appellants sought a stay of execution of the judgment.