Ocwen Loan Servicing L.L.C. v. Hamilton

Citations

• 2017 Ohio 8749

Syllabus

Trial court did not err by granting summary judgment in favor of mortgage servicer on claim for judgment on note and foreclosure on mortgage. Appellants argued that mortgage servicer failed to establish that loan was in default and the amount owed on the loan, claiming that loan payment history record attached to affidavit in support of summary judgment were inadmissible. However, appellants' written admissions acknowledged that no payments had been made on the loan during the time at issue, and appellants entered into a loan modification agreement acknowledging the balance due on the loan. Accordingly, it was unnecessary for the court to determine whether loan payment history record was admissible as a business record.