U.S. Home Ownership, L.L.C. v. Collin L. Young
Citations
- 2018 Ohio 1059
- 109 N.E.3d 681
Syllabus
The trial court, in this mortgage foreclosure cause of action, granted summary judgment in favor of the Plaintiff-appellee. The trial court correctly concluded that Plaintiff-appellee established that it has possession of the note and mortgage and that it had such possession when the complaint was filed. Plaintiff-appellee, therefore, had standing to file the complaint. The trial court, however, erred in concluding there is not a genuine dispute of fact concerning Plaintiff-appellee's satisfaction of the mortgage's notice condition precedent. Finally, the trial court, when applying R.C. 1303.38, erred in concluding there is not a genuine issue of fact concerning whether Plaintiff-appellee may rely upon the lost mortgage modification agreement. Judgment reversed and remanded.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- repeating the importance of “consideration of the relationship of the education with intended future resumption of business activity”
- teacher who took year off to secure masters degree was still carrying on a trade or business and allowed to deduct educational expenses
- teacher who took year off to secure masters degree was still carrying on a trade or business and allowed to deduct educational expenses
Source: CourtListener parenthetical corpus (CC0).
Judges: Tucker
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