WILBORN ET AL., APPELLANTS,
v.
BANK ONE CORPORATION ET AL., APPELLEES.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted March 11, 2008.
Decided February 3, 2009.
Attorney(s) appearing for the Case
Volkema Thomas, L.P.A., Michael S. Miller, and Daniel R. Volkema; National Consumer Law Center and Stuart T. Rossman; and Locks Law Firm, P.L.L.C., and Seth R. Lesser, for appellants.
Reed Smith, L.L.P., James C. Martin, Perry A. Napolitano, Joseph E. Culleiton, and David J. Bird; Comstock, Springer & Wilson Co., L.P.A., and Bobbie L. Flynt; Manchester, Bennett, Powers & Ullman and Stephen T. Bolton; and Mayer Brown, L.L.P., Lucia Nale, and Diane Swisher Andsager, for appellees Bank One, N.A. (Ohio), Ameriquest Mortgage Co., Wells Fargo Home Mortgage, Inc., Washtenaw Mortgage Co., Mortgage Electronic Registration Systems, Inc., and Chase Manhattan Mortgage Corp.
Horton & Horton Co., L.P.A., Earle C. Horton, and Brett E. Horton, for Federal Deposit Insurance Corporation, as receiver of appellee Washington Mutual Bank (successor to Homeside Lending, Inc.).
Lerner, Sampson & Rothfuss and Rick D. DeBlasis, for appellee Lerner, Sampson & Rothfuss.
Tucker Ellis & West, L.L.P., Irene C. Keyse-Walker, and Karl A. Bekeny, urging affirmance for amici curiae Federal Home Loan Mortgage Corporation, American Bankers Association, American Financial Services Association, Consumer Bankers Association, Consumer Mortgage Coalition, Mortgage Bankers Association, Ohio Bankers League, and Ohio Mortgage Bankers Association.
Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, and Todd A. Nist, Assistant Solicitor, urging reversal for amicus curiae state of Ohio.
Benson A. Wolman, Rachel K. Robinson, Paul B. Bellamy, and Judith B. Goldstein, urging reversal for amici curiae Equal Justice Foundation, Ohio State Legal Services Association, Southeastern Ohio Legal Services, Northeast Ohio Legal Services, Legal Aid of Western Ohio, Advocates for Basic Legal Equality, Legal Aid Society of Columbus, Legal Aid Society of Cleveland, and Coalition on Homelessness and Housing in Ohio.
Supreme Court of Ohio.
CUPP, J.
{¶ 1} In this case we decide whether a provision in a residential-mortgage contract requiring a borrower to pay the lender's attorney fees as a condition of reinstatement of the borrower's defaulted mortgage after the lender initiates foreclosure proceedings violates Ohio's public policy. Because we conclude that such a provision does not violate public policy, we affirm the court of appeals...
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