Represented a national bank in which a borrower filed counterclaims against the bank alleging that it fabricated her signature on a promissory note. After extensive discovery, we moved for summary judgment and the court ultimately granted the bank’s motion, finding that the borrower’s purported handwriting expert did not qualify as one and that the signatureMore

The plaintiff claimed that our client, a national bank, had breached the terms of a conditional loan commitment to finance the purchase and renovation of a building for a Subway restaurant by withdrawing the commitment after the plaintiff spent tens of thousands of dollars repairing the property. The case ultimately proceeded to a jury trialMore

After garnishment proceedings had been initiated against our client, a national trust company, we were able to stop the collection efforts and get a default judgment that was more than five years old vacated against the client so that the case could be litigated on its merits. 

Our client, an indirect automobile finance company, had moved to compel arbitration of a lawsuit filed against it. When the motion was denied, we appealed and were successful in not only getting the judgment reversed but also getting the appellate court to declare that the client’s arbitration clause was not substantively and procedurally unconscionable.

Represented a national bank in federal court against claims that it and its foreclosure counsel had engaged in racketeering activity in violation of RICO when it purportedly fabricated its standing to foreclose. After extensive discovery and multiple lawsuits, we were able to get judgment in favor of our client, finding, among other things, that it didMore

Represented both the LLC and its owner-members in a shareholder derivative suit challenging various changes to the corporate structure and make-up of the board of directors, ultimately resolving the case after extensive discovery and mediation practice.

Borrowers asserted numerous counterclaims and defenses in a contested foreclosure claiming that client failed to comply with HUD/FHA regulations prior to foreclosure and as a result, was stopped from foreclosing. After significant discovery, we moved for summary judgment, arguing that non-compliance with HUD/FHA regulations can only form a defense, not an affirmative cause of action,More

Representing a national mortgage servicing company, was successful in getting a judgment finding that the client’s foreclosure claim was time-barred reversed on appeal. 

The Marketable Title Act Garden Botanical Garden v. Drewien, 8th Dist. Cuyahoga No. 108536, 2020-Ohio-1278 In this case, the Eighth Appellate District affirmed in part and reversed in part the trial court’s decision, holding that the defendants’ reversionary interest in the property was not extinguished and that plaintiff’s continuous possession of the property satisfied theMore

QWR Responses Kavanagh v. Specialized Loan Servicing, LLC, N.D.Ohio No. 3:17CV892, 2020 U.S. Dist. LEXIS 46255 (Mar. 17, 2020) In this case, the Northern District of Ohio granted in part and denied in part the loan servicer’s and borrower’s competing motions for summary judgment, finding that the servicer was a debt collector who failed toMore

Prescriptive easements Miller Land Co. v. McCaleb, 4th Dist. Pike No. 19CA898, 2020-Ohio-794 In this appeal, the Fourth Appellate District affirmed the trial court’s decision to grant the defendants’ motion for summary judgment, finding that the plaintiff failed to produce evidence to support a prescriptive easement. The Bullet Point: In Ohio, a prescriptive easement is theMore

McGlinchey’s Cleveland office partnered with the Northeast Ohio Chapter of the Association of Corporate Counsel to host “Working with Executive Teams to Analyze Risk and Develop Strategy to Resolve Business Issues” on Thursday, February 27. Members Bryan Kostura, Kelly Lipinski, and James Sandy will share their knowledge and best practices on how in-house counsel canMore

Emotion distress damages under RESPA Cameron v. Ocwen Loan Servicing, LLC, S.D.Ohio No. 2:18-cv-428, 2020 U.S. Dist. LEXIS 14595 (Jan. 29, 2020) In this case, the U.S. District Court for the Southern District of Ohio granted the plaintiff’s motion for reconsideration, finding that the court had unconsciously overlooked evidence of emotional distress damages suffered asMore