Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

National City Real Estate Services LLC v. Shields

Court of Appeals of Ohio, Eleventh District

June 28, 2013

NATIONAL CITY REAL ESTATE SERVICES LLC SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE INC., f.k.a. NATIONAL CITY MORTGAGE CO., Plaintiff-Appellee,
v.
BRANDON S. SHIELDS a.k.a. BRANDON SHIELDS, et al., Defendant-Appellant.

Civil Appeal from the Trumbull County Court of Common Pleas, Case No. 2009 CV 01385.

Natalia Steele and Lisa Babish Forbes, Vorys, Sater, Seymour & Pease, LLP, and Julia E. Steelman, Lerner, Sampson & Rothfuss, (For Plaintiff-Appellee).

Philip Zuzolo and Patrick B. Duricy, Zuzolo Law Office, LLC, (For Defendant-Appellant).

OPINION

COLLEEN MARY OTOOLE, J.

{¶1} Appellant Brandon Shields appeals the judgment entry of the Trumbull County Court of Common Pleas, which granted the motion for summary judgment on the foreclosure action filed by National City Real Estate Services. For the following reasons we affirm the judgment of the trial court.

{¶2} Appellant Brandon Shields ("Mr. Shields") purchased a home in McDonald, Ohio in 2004. National City Mortgage Company ("NCMC") originated Mr. Shields' loan on September 21, 2004. In 2008, Mr. Shields was laid off from his job, which substantially decreased his income. Additionally, Mr. Shields' father was diagnosed with cancer and Mr. Shields spent considerable time at his father's house providing care and transportation for medical appointments.

{¶3} Due to these factors, Mr. Shields was unable to make the required monthly payments on his loan in March, April or May 2009. Appellee National City Real Estate Services, LLC ("NCRES"), as successor by merger to National City Mortgage, Inc., fka National City Mortgage Co. ("NCMC") filed foreclosure proceedings against Mr. Shields in the Trumbull County Court of Common Pleas on May 21, 2009.

{¶4} In its complaint, NCRES alleges that it is the holder and owner of the note and mortgage. Copies of the note and mortgage are attached to the complaint. Mr. Shields received service of the foreclosure complaint on May 28, 2009, however Mr. Shields did not answer the complaint within the time allowed.

{¶5} Mr. Shields subsequently requested and received a reinstatement estimate from NCRES' foreclosure counsel via a letter dated July 8, 2009. The letter estimated that the amount necessary to reinstate Mr. Shields' loan through July 30, 2008 was $6, 573.74. The letter states that the foreclosure fees and costs are an estimate and that past-due monthly payments and late fees alone total $3, 283.55. On August 8, 2009 NCRES received a check from Mr. Shields for $3, 200. On September 8, 2009 Mr. Shields' check was returned to him.

{¶6} NCRES moved for default judgment against Mr. Shields on September 9, 2009. Five days before the default judgment hearing, on October 21, 2009, Mr. Shields moved the trial court for leave to file his answer instanter, and was granted leave. NCRES moved for summary judgment on its complaint for the first time on November 18, 2009. Mr. Shields did not respond to NCRES' first motion for summary judgment, but instead requested mediation, propounded discovery on NCRES, and moved for additional time to oppose NCRES' summary judgment motion.

{¶7} In April 2010, Mr. Shields moved the trial court for leave to amend his answer to add a counterclaim and for additional time to respond to NCRES' motion for summary judgment. Mr. Shields received leave and filed his counterclaim on May 12, 2010. Mr. Shields' counterclaim consisted of three counts: one for violation of the Fair Debt Collections Practices Act ("FDCPA"); one for violation of the Ohio Consumer Sales Practices Act ("OCSPA"), and one for fraudulent misrepresentation. NCRES withdrew its motion for summary judgment and answered the counterclaim on July 29, 2010.

{¶8} The parties then engaged in mediation beginning in July 2010, continuing through December 2011. The parties' settlement efforts failed, and on April 20, 2012, NCRES, which had now merged with PNC Bank, filed its motion for summary judgment on its complaint and on Mr. Shields' counterclaim. Mr. Shields opposed NCRES' motion for summary judgment. NCRES replied in support of its motion. Mr. Shields requested and was granted leave to file a surreply to NCRES' motion, which he filed on August 8, 2012. The trial court granted NCRES' motion for summary judgment on August 21, 2012. Mr. Shields filed his notice of appeal on September 7, 2012.

{¶9} Mr. Shields assigns the following errors for our review.

{¶10} "[1] The trial court erred in granting summary judgment to Plaintiff NCRES on the two counts of its complaint when the Appellee did not have standing to file the complaint, the Appellee breached the contract by charging excessive fees and costs, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.