JP Morgan Chase Bank v. Wiram
2013 Ohio 2232
Ohio Ct. App.2013Background
- Foreclosure action against Wirams by JPMorgan Chase Bank, N.A. (Select as prior lender) based on note of Jan. 23, 2008 and mortgage terms; loan modification increased principal balance to $213,285.56; Wirams in default with principal due ~$210,920.15 plus interest and costs; JPMCB sought judicial sale after obtaining partial summary judgment; trial court awarded summary judgment and ordered an order of sale; Wirams opposed alleging mediation issues and various federal/consumer-protection claims in a December 17, 2012 filing; Wirams’ sole assignment of error challenges the court’s handling of foreclosure mediation and entry of summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper. | Wirams contend genuine issues of fact exist. | Wirams argue trial court failed to rule on mediation and misapplied law. | Summary judgment affirmed; no genuine issues of material fact. |
| Whether the case should have been referred to foreclosure mediation. | Mediation referral discretionary and not mandated in rule 2.33. | Wirams claim failure to rule on timely mediation request violated local rule and mandate. | Trial court not required to refer to mediation; denial deemed, but proper because rule applies prospectively to new actions. |
| Whether Wirams’ mediaton request preserves issue for appeal. | Request for mediation did not create a factual issue preventing judgment. | Request should have been addressed; failure to rule was error. | Mediation request not a genuine issue; no reversible error. |
Key Cases Cited
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (burden shifting on summary judgment; Civ.R.56 hinges on no genuine issue of material fact)
- Harless v. Willis Day Warehousing Co., Inc., 54 Ohio St.2d 64 (Ohio 1978) (summary judgment standard; de novo review on appeal)
- Thornton v. Conrad, 194 Ohio App.3d 34 (8th Dist. 2011) (when trial court has not ruled on a motion prior to conclusion, motion is overruled)
- Fin. Freedom Acquisition, L.L.C. v. Heirs of Thomas, 2012-Ohio-3845 (2d Dist. Montgomery No. 25047) (summary judgment procedures and disposition of mediation issues)
- Bank of Am. v. Litteral, 191 Ohio App.3d 303 (2d Dist. Ohio 2010) (mediation eligibility and discretionary referrals in foreclosure actions)