Legal Opinion
Messer v. JPMorgan Chase Bank (In re Messer)
United States Bankruptcy Court, S.D. Ohio
Decided July 20, 2016No. Case No. 13-57467; Adv. Pro. No. 13-2448PublishedCited by 3 opinions
1Opinion of the Court
ORDER GRANTING MOTION OF JP MORGAN CHASE BANK NA TO DISMISS AND/OR FOR JUDGMENT ON THE PLEADINGS (DOC. NO. 10)
Caldwell, Judge.
On December 20,2013, Daren A. Messer and Angela L. Messer (Plaintiffs) filed a Complaint to Determine Validity and Extent of Lien, to Avoid the Mortgage Lien, to Recover Money Judgment and to Disallow Claim (Complaint). Despite having signed the residential note and mortgage held by JPMorgan Chase Bank, NA (Defendant), Plaintiffs asserted that they were invalid because the notary acknowledgment space was blank, in violation of Ohio Revised Code Section 5301.01 (O.R.C.§…
2Cases cited7 opinions
- Treinish v. Norwest Bank Minnesota, N.A. (In Re Periandri)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
- Rogan v. Bank One, Natl AssocCourt of Appeals for the Sixth Circuit · 2006
- Seabrooke v. GarciaOhio Court of Appeals · 1982
- Stubbins v. American General Financial Services, Inc. (In Re Easter)United States Bankruptcy Court, S.D. Ohio · 2007
- AG New Mexico, FCS, ACA v. Borges (In re Borges)United States Bankruptcy Court, D. New Mexico · 2012
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3Cited by3 opinions
- Harker v. PNC Mortgage Co. (In re Oakes)United States Bankruptcy Court, S.D. Ohio · 2017
- In re OakesBankruptcy Appellate Panel of the Sixth Circuit · 2018
- Simmons v. Federal Home Loan Mortgage Corp. (In re Simmons)United States Bankruptcy Court, S.D. Ohio · 2016