HSBC Bank USA, N.A. v. Bonner, 2025 Ohio 2228

HSBC Bank USA initiated foreclosure proceedings against Anderson Banks in 2015 after default on a modified mortgage loan.
A final foreclosure decree was issued in 2017, and a sale was confirmed in 2022; the judgment was affirmed on prior appeal (HSBC II).
In 2024, HSBC served Ray Bonner a 90-day notice to vacate as a holdover tenant after Banks’s loss of ownership, and later filed for possession.
Bonner claimed to hold an assignment of a settlement contract between Banks and HSBC to purchase the property, but the alleged contract was unexecuted and undated.
The trial court granted judgment of possession to HSBC, finding no enforceable contract between Bonner and HSBC; Bonner appealed arguing entitlement under the purported agreement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Right to Possession in Forcible Entry Action	HSBC: Bonner is a holdover tenant with no enforceable rights	Bonner: Has rights from an assignment of settlement deal	For HSBC; Bonner failed to show valid enforceable contract
Validity of Settlement Agreement Assignment	No executed contract exists; assignment not binding	Assignment is valid and grants him right to purchase	No valid, executed agreement; no colorable claim under law
Consideration of Contract Evidence	Bonner did not provide competent, credible evidence	Bonner cites but does not submit full hearing transcript	Presume regularity; trial court findings upheld
Appellate Procedure and Brief Requirements	Bonner failed to provide proper record and argumentation	N/A	Appeal arguments undeveloped, insufficient

Rulli v. Fan Co., 79 Ohio St.3d 374 (1997) (A valid settlement agreement requires a meeting of the minds, offer, and acceptance)
Cuyahoga Metro. Hous. Auth. v. Jackson, 67 Ohio St.2d 129 (1981) (Forcible entry and detainer actions determine only the right to immediate possession)
Noroski v. Fallet, 2 Ohio St.3d 77 (1982) (Settlement agreements require clear, reasonably certain terms to be enforceable)