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Pursuing Ohio Andrew M. Engel Esq
Andrew M. Engel Esq

Andrew M. Engel Esq

31 years of experience

Consumer Law, Real Estate Law, Appeals & Appellate

Ohio

Biography

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 View More ›


Fees

Free Consultation


Practice Area

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,



Education

American University Washington College of Law

J.D

American University Washington College of Law
Miami University of Ohio

B.S | Business Administration

Miami University of Ohio


Professional Associations

Ohio State Bar

Member

Current

Ohio State Bar
Dayton Bar Association

Member

Current

Dayton Bar Association
Ohio State Bar Association

Litigation Section - Appellate Practice Committee

2012 - Current

Ohio State Bar Association
National Association of Consumer Advocates

Member

2001 - 2003

National Association of Consumer Advocates
Ohio State Bar Association Litigation Section Board of Governors

District 6 Representative

1998 - 2003

Ohio State Bar Association Litigation Section Board of Governors




Offices

Andrew M. Engel Co., LPA
7925 Paragon Road Centerville, OH 45459
Telephone: (937) 221-9819
Fax: (937) 433-1510



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