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Andrew M. Engel Esq

Andrew M. Engel Esq

  • Consumer Law, Real Estate Law, Appeals & Appellate
  • Ohio, S.D. Ohio
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Summary

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

Education
American University Washington College of Law
J.D
-
Honors: The American University Journal of International Law & Policy, Note & Comment Editor, 1989-90
Miami University of Ohio
B.S | Business Administration
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Publications
Articles & Publications
Measure of Damages
Ohio Judicial College of the Ohio Supreme Court
Contractual Provisions For Payment of Attorney Fees
LITIGATION NEWS, Vol.8, Issue 3 (Ohio State Bar Association)
Support Claims Arising After a Chapter 13 Petition, in FAIRSHARE, The Matrimonial Law Monthly, Vol. 13, No. 10, (R. Brown, ed.)
Co-author, A Guide to Post-Divorce Discharge of Marital Obligations, in BANKRUPTCY ISSUES IN MATRIMONIAL CASES: A PRACTICAL GUIDE
Prentice Hall Law & Business
Speaking Engagements
Measure of Damages for Municipal Court Judges and Magistrates, Cleveland & Columbus, Ohio
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
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
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
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
Professional Associations
Ohio State Bar
Member
Current
Dayton Bar Association
Member
Current
Ohio State Bar Association
Litigation Section - Appellate Practice Committee
- Current
National Association of Consumer Advocates
Member
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Ohio State Bar Association Litigation Section Board of Governors
District 6 Representative
-
Jurisdictions Admitted to Practice
Ohio
S.D. Ohio
6th Circuit
Fees
  • Free Consultation
Practice Areas
  • Consumer Law
  • Real Estate Law
  • Appeals & Appellate
Additional Practice Areas
  • Collections
  • Foreclosure Defense
  • Predatory Lending
Contact & Map
Andrew M. Engel Co., LPA
7925 Paragon Road
Centerville, OH 45459
USA
Telephone: (937) 221-9819
Fax: (937) 433-1510