Washington Mut. Bank, F.A. v. Wallace | Ohio Supreme Court - reversed and cause remanded for further proceedings consistent with Fed. Home Loan Mtge. Corp. v. Schwartzwald.

Categorized | STOP FORECLOSURE FRAUD

WaMu, F.A. v. Wallace | Ohio Supreme Court – Reversed and cause remanded for further proceedings consistent with Fed. Home Loan Mtge. Corp. v. Schwartzwald.

WaMu, F.A. v. Wallace | Ohio Supreme Court – Reversed and cause remanded for further proceedings consistent with Fed. Home Loan Mtge. Corp. v. Schwartzwald.

Via: Attorney Andrew M. Engel [link]

This is a follow-up case to Schwartzwald. This is important because Wallace appealed from the denial of a motion to vacate a default judgment. WaMu had filed a motion to reactivate the case to allow for briefing of two issues: 1) whether standing could be waived by a defendant by failing to assert it as a defense; and 2) whether the “jurisdiction” the Court discussed in Schwartzwald was subject matter jurisdiction such that the judgment was void, as opposed to voidable.

SLIP OPINION NO. 2012-OHIO-5495

WASHINGTON MUTUAL BANK, F.A., APPELLEE,

v.

WALLACE ET AL., APPELLANT.

[Until this opinion appears in the Ohio Official Reports advance sheets,
it may be cited as Washington Mut. Bank, F.A. v. Wallace,
Slip Opinion No. 2012-Ohio-5495.]

Certified conflict question answered in the negative—Court of appeals’ judgment
reversed and cause remanded for further proceedings consistent with Fed.
Home Loan Mtge. Corp. v. Schwartzwald.

(Nos. 2011-1693 and 2011-1694—Submitted December 4, 2012—Decided
December 5, 2012.

APPEAL from and CERTIFIED by the Court of Appeals for Warren County,
No. CA2010-10-103, 2011-Ohio-4174.
__________________
{¶ 1} The certified conflict question is answered in the negative. The
judgment of the court of appeals is reversed, and the cause is remanded to the trial
court for further proceedings consistent with Fed. Home Loan Mtge. Corp. v.
Schwartzwald, ___ Ohio St.3d ___, 2012-Ohio-5017, ___ N.E.2d ___.

SUPREME COURT OF OHIO

O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL,
LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.
__________________

Thompson Hine, L.L.P., Scott A. King, and Terry W. Posey Jr., for
appellee.

Andrew M. Engel, for appellant.
______________________

Down Load PDF of This Case

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Comments

comments

This post was written by:

- who has written 8569 posts on FORECLOSURE FRAUD | by DinSFLA.

CONTROL FRAUD | ‘If you don’t look; you don’t find, Wherever you look; you will find’ -William Black

Contact the author

Leave a Reply

GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Advertise your business on StopForeclosureFraud.com
Kenneth Eric Trent, www.ForeclosureDestroyer.com

Archives