Logourl black
From our private database of 14,100+ case briefs...

PHH Mortgage Corp. v. Ramsey

Ohio Court of Appeals
17 N.E.3d 629 (2014)


Facts

Andrew Ramsey (defendant) purchased real property subject to a mortgage held by PHH Mortgage Corporation (PHH) (plaintiff). Ramsey made mortgage payments online through PHH’s website for six years. PHH permitted and, in fact, encouraged its mortgagors to make payments online. Ramsey occasionally received error messages when he attempted to make his payments online. When this occurred, Ramsey would simply try again at a later date, and the payment would process on a subsequent attempt. PHH never rejected a payment Ramsey made this way. In August 2009, Ramsey tried to make his monthly payment online and received the error message he would occasionally see. This time, however, the payment did not process after multiple subsequent attempts. Ramsey called a PHH help line to describe the issue and was told that the payment would be processed. However, the payment was never processed. The September 2009 payment also went unprocessed, despite Ramsey attempting to make the payments both online and in person at a PHH office. Ramsey had also mailed to PHH a check for the late August payment with a letter explaining the situation. This attempted payment was never cashed or returned. PHH filed a complaint foreclosing on the property. PHH argued that although it allowed electronic payments, this payment method was not a mortgagor’s right. The Franklin County Court of Common Pleas held in favor of Ramsey, finding that Ramsey did not default on his mortgage, because PHH had accepted Ramsey’s electronic payments for six years, and thus, had waived any claim that payment could not be made electronically. PHH appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Brown, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 222,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.