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Andrew M. Engel

Andrew M. Engel

  • Consumer Law, Real Estate Law, Appeals & Appellate
  • Ohio, S.D. Ohio
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Claimed Lawyer ProfileQ&A

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

Practice Areas
Consumer Law
Class Action, Lemon Law
Real Estate Law
Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
Appeals & Appellate
Civil Appeals, Federal Appeals
Additional Practice Areas
  • Collections
  • Foreclosure Defense
  • Predatory Lending
  • Free Consultation
Jurisdictions Admitted to Practice
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S.D. Ohio
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6th Circuit
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American University Washington College of Law
Honors: The American University Journal of International Law & Policy, Note & Comment Editor, 1989-90
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Miami University of Ohio
B.S | Business Administration
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Professional Associations
Ohio State Bar
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Dayton Bar Association
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Ohio State Bar Association
Litigation Section - Appellate Practice Committee
- Current
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National Association of Consumer Advocates
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Ohio State Bar Association Litigation Section Board of Governors
District 6 Representative
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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
Legal Answers
2 Questions Answered
Q. Should this be right? Bought a newer house in 11/06 seller paid taxes for 2006 which was on vac land.
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?
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
Wallace v. WA Mut. Bank, F.A.
US Court of Appeals for the Sixth Circuit
Fed. Home Loan Mortgage Corp. v. Schwartzwald
Supreme Court of Ohio
Washington Mut. Bank, F.A. v. Wallace
Supreme Court of Ohio
Wells Fargo Bank, N.A. v. Horn
Supreme Court of Ohio
View More Annotations
Contact & Map
Andrew M. Engel Co., LPA
7925 Paragon Road
Centerville, OH 45459
Telephone: (937) 221-9819
Fax: (937) 433-1510
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