Cairns v. Ohio Savings Bank

Timothy E. McMonagle, Judge.

Plaintiffs Dennis and Madonna Cairns (collectively, “appellants”) appeal from the judgment of the Cuyahoga County Court of Common Pleas dismissing their putative class action complaint against Ohio Savings Bank for failure to state a claim upon which relief can be granted. For the reasons which follow, we affirm in part and reverse in part the judgment of the trial court.

I

The facts alleged in the complaint of the appellants are as follows: The appellants are residents of Cuyahoga County, Ohio. Ohio Savings Bank holds and services a mortgage on the appellants’ home.…