2025 Ohio 4445
Ohio Ct. App.2025Background
- Nationstar Mortgage, LLC sued for foreclosure; Krehnbrinks counterclaimed for RESPA, unjust enrichment, and breach of a loan-modification agreement.
- Trial court granted summary judgment to Nationstar on counterclaims without Civ.R. 54(B) certification.
- Appeal challenged four counterclaims and Civ.R. 54(B) certification.
- Court granted Civ.R. 54(B) certification and reviewed merits de novo.
- Krehnbrinks failed to submit authenticated evidence opposing summary judgment and did not perfect service on some co-defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Civ.R. 54(B) finality requirement satisfied | Nationstar argues no error; order final as to all claims against Nationstar | Krehnbrinks contend lack of finality for Civ.R. 54(B) certification | Civ.R. 54(B) certification proper; appellate jurisdiction proper |
| Validity of force-placed insurance under RESPA | Nationstar followed RESPA two-notice rule and provided proof of insurance | Krehnbrinks failed to provide written proof; disputes factual adequacy | Nationstar entitled to summary judgment on RESPA counterclaim |
| Unjust enrichment vs express contract | Force-placed insurance governed by contract; no unjust enrichment | Unjust enrichment alternative if contract not exclusive | No genuine issue; Court upheld summary judgment on unjust-enrichment claim |
| Breach of Trial Modification Offer | Krehnbrinks did not complete final payment; condition precedent not fulfilled | Defendants attempted substantial compliance; good-faith deviation should be considered | No breach; failure to satisfy condition precedent immunized Nationstar |
Key Cases Cited
- Gilman v. Physna, LLC, 2021-Ohio-3575 (1st Dist. 2021) (unjust enrichment requires absence of contract; contract governs here)
- Weckel v. Cole + Russell Architects, Inc., 2024-Ohio-5111 (1st Dist. 2024) (summary judgments require not weighing evidence or credibility)
- Beatley v. Fisher, 2024-Ohio-5109 (10th Dist. 2024) (unauthenticated documents generally not considered in summary judgment)
- Kent’s Excavating Servs. v. Leneghan, 2017-Ohio-1371 (8th Dist. 2017) (authenticated evidence required for documents not listed in Civ.R.56(C))
- Ravenscraft v. Durrani, 2025-Ohio-2900 (1st Dist. 2025) (plain-error review not favored; exceptional circumstances required)