Andrew M. Engel

My practice includes all areas of consumer protection law, including mortgage foreclosure defense, predatory lending, mortgage broker fraud, home improvement claims, and other consumer claims. Recent case victories include: Fed. Nat'l. Home Loan Mtge. Corp. v. Schwartzwald, (Oct. 31, 2012) 2012-Ohio-5017. This case is a huge victory for Ohio homeowners. It will help level the playing field for homeowners, and it provides hope to those who have previously lost their home to foreclosure. The Supreme Court ruled that a bank must have the right to enforce the note and mortgage on the day it files its foreclosure case. If it doesn't have the right to enforce at that time, the trial court does not have jurisdiction to hear the case, and the case must be dismissed. This also means that in long-closed foreclosure cases in which the bank filed suit before it obtained the right to enforce the note and mortgage, any judgment granted to the bank is void, and may be attacked by the homeowner. Wallace v. Washington Mutual Bank, et al. (June 26, 2012) 6th Circuit Court of Appeals Case No. 10-3694 - The 6th Circuit Court of Appeals reversed the district court dismissal of a claim under the Fair Debt Collection Practices Act against a law firm that misrepresented the legal status of its client when it filed a foreclosure case. The law firm had asserted in the complaint that its client was the "holder" of the note when that representation was false. The 6th Circuit held that such conduct could support a cause of action under the FDCPA. FV-I, Inc. v. Lackey, 10th Dist. Franklin No. 13-AP-0983, 2014-Ohio-4944 - Obtained reversal of summary judgment in a foreclosure action under the plain error doctrine. The trial court granted the foreclosing lender a judgment in excess of the face amount of the note being sued on. The court of appeals noted that "Given the stakes in a foreclosure action, this type of error seriously affects the basic fairness and public reputation of the judicial

American University Washington College of Law

J.D

1987 - 1990

Honors: The American University Journal of International Law & Policy, Note & Comment Editor, 1989-90

Miami University of Ohio

B.S | Business Administration

1983 - 1987

Measure of Damages

Ohio Judicial College of the Ohio Supreme Court

2004

Contractual Provisions For Payment of Attorney Fees

LITIGATION NEWS, Vol.8, Issue 3 (Ohio State Bar Association)

1999

Support Claims Arising After a Chapter 13 Petition, in FAIRSHARE, The Matrimonial Law Monthly, Vol. 13, No. 10, (R. Brown, ed.)

October, 1993

Co-author, A Guide to Post-Divorce Discharge of Marital Obligations, in BANKRUPTCY ISSUES IN MATRIMONIAL CASES: A PRACTICAL GUIDE

Prentice Hall Law & Business

1992

Measure of Damages for Municipal Court Judges and Magistrates, Cleveland & Columbus, Ohio

June 11, 2004

The Supreme Court of Ohio Judicial College

Spoke about an update to Ohio's interest statute to municipal court judges.

Schwartzwald and Beyond, Ohio Association for Justice Annual Convention, Columbus, Ohio

May 2, 2013

Ohio Association for Justice

Provided an overview of the Ohio Supreme Court's decision in Fed. Home Loan Mortgage Corp. v. Schwartzwald.

Update On Issues In Foreclosure, Ohio Association of Magistrates Spring Conference, Dayton, Ohio

April 26, 2013

The Supreme Court Of Ohio Judicial College,

Presented information relating to common issues found in foreclosure cases, including the application of Article 3 of the Uniform Commercial Code.

Debtor-Creditor Rights from a Practitioner’s Point of View, Ohio Association of Magistrates Fall Conference, Columbus, Ohio

October 2, 2014

The Supreme Court Of Ohio Judicial College,

Provided a detailed survey relating to evidentiary issues confronting magistrates and judges when considering motions for summary judgment in collection and foreclosure cases

Ohio State Bar

Member

Current

Dayton Bar Association

Member

Current

Ohio State Bar Association

Litigation Section - Appellate Practice Committee

2012 - Current

National Association of Consumer Advocates

Member

2001 - 2003

Ohio State Bar Association Litigation Section Board of Governors

District 6 Representative

1998 - 2003

Ohio

Since 1990

S.D. Ohio

Since 1990

6th Circuit

Since 1993

• Free Consultation

• Collections
• Foreclosure Defense
• Predatory Lending

View More Annotations ›

Q. Should this be right? Bought a newer house in 11/06 seller paid taxes for 2006 which was on vac land.

September 25, 2012

A: You pay property taxes the year AFTER the taxes are incurred, i.e. the first half of 2005 taxes are not due until January 2006. So your seller probably did not pay 2006 taxes, but rather paid 2005 taxes that were due in 2006. I would also guess that the seller built the house. This issue comes up often on new construction. When the real estate taxes are estimated for your loan escrow, the tax amount is based on the available county tax information. Since the available tax info did not include the value of recent improvements (which won't be caught until a transfer or at the triennial valuation), the taxes appear to be low. This is quite misleading by the lender. They can estimate the taxes based on sales price to give you a far more realistic escrow figure. I would guess that the lender was trying to qualify you for a loan at the edge of your ability to repay (as determined by their underwriting criteria). Had the lender used the projected taxes, you may not have qualified for the loan because your monthly payment, which included the more realistic, higher tax figure, would have increased your payment beyond that which the underwriting criteria permitted. ... Read More

Q. Where can I find master mortgage in Ohio?

September 25, 2012

A: A Master Mortgage will be filed with your county recorder. The recording reference to a Master Mortgage should be included in the individual mortgage relating to a specific piece of property.

View More Answers ›