Thursday, December 26, 2013

PHH Mortgage Corp. v. Barker case brief

PHH Mortgage Corp. v. Barker case brief summary
940 N.E.2d 662 (2010)

CASE SYNOPSIS
Appellant mortgagee sought review of a judgment from the Van Wert County Court of Common Pleas (Ohio), which reinstated a mortgage between the mortgagee and appellee mortgagors on their home. The matter arose in the mortgagee's foreclosure action due to the mortgagors' default in payments.

CASE FACTS
The mortgagors executed a note and mortgage with the mortgagee. However, they defaulted on their monthly payment due to an illness. They allegedly contacted the mortgagee on multiple occasions, and were finally informed about the loss mitigation assistance process. Despite filling out the paperwork for that process, they received notice that their mortgage was in default. The mortgagors received a "coupon book" in the mail that had a new due date and payment amount, and payments were made thereon. However, the mortgagee allegedly returned the payments and thereafter, instituted foreclosure proceedings. The mortgagors alleged that they never received the returned payments or notice of the impending foreclosure. After a bench trial, the court ordered reinstatement of the note and mortgage.

DISCUSSION

  • On appeal, the court agreed with the trial court. 
  • It held that the trial court properly denied the mortgagee's summary judgment motion, as an affidavit by one of the mortgagors, which was sufficient under Civ. R. 56(E), raised disputed factual issues. 
  • The trial court properly ordered reinstatement, based on the equities involved and the extremely unique circumstances presented by the facts.

CONCLUSION
The court affirmed the judgment of the trial court.

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