Wells Fargo Bank, N.A. v. Mears

Citations

• 2019 Ohio 242

Syllabus

Trial court granted summary judgment to mortgagee-bank on its reverse mortgage foreclosure claim. The trial court did not err in concluding that mortgagee complied with its contractual and regulatory obligation to provide 30 days' notice of default prior to instituting foreclosure proceedings. However, genuine issues of material fact exist as to whether mortgagee sought and obtained HUD's approval prior to demanding immediate repayment of the loan from homeowner. Judgment reversed and case remanded for further proceedings. (Hall, J., dissenting.)