Wilborn v. Bank One Corp.

{¶ 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’ judgment.

I

{¶ 2} The 11 plaintiff-appellants (“borrowers”) in this matter filed a class-action complaint in August 2003 against various financial institutions (“lenders”), defendant-appellees herein. One…