WELLS FARGO BANK, N.A. v. BALDWIN

No. CA2011-12-227.

2012 Ohio 3424

WELLS FARGO BANK, NA, Plaintiff-Appellee, v. THOMAS A. BALDWIN, et al., Defendants-Appellants.

Court of Appeals of Ohio, Twelfth District, Butler County.

July 30, 2012.


Attorney(s) appearing for the Case

John R. Cummins , P.O. Box 165028, Columbus, Ohio 43216-5028, for plaintiff-appellee.

Thompson Hine LLP, Scott A. King and Nicholas W. Myles , Austin Landing 1, 10050 Innovation Drive, Suite 400, Dayton, Ohio 45342, for plaintiff-appellee.

Vincent A. Sanzone , 1600 First Avenue, Middletown, Ohio 45044, for defendants-appellants.


OPINION

POWELL, P.J.

{¶ 1} Homeowners fighting foreclosure with claims the bank orally agreed to modify their mortgage contract now appeal the grant of summary judgment to the bank. We find summary judgment was appropriate, in part, because there was no evidence presented that the oral modification was supported by consideration.

{¶ 2} Wells Fargo Bank, N.A. filed a complaint in Butler County Common Pleas Court...

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