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Consumer Law Keyed to Whaley, 9th Ed.
Hamilton v. Ohio Savings Bank
Citation:
70 Ohio St. 3d 137, 637 N.E.2d 887 (1994)Facts
The appellants Hamilton and other borrowers obtained mortgage loans from Ohio Savings Bank. Subsequently, they discovered alleged discrepancies and nondisclosures in their loan documents. Specifically, the mortgage documents, promissory notes, and disclosure forms contained divergent terms regarding the method of interest calculation, including the 365/360 method, and the incomplete amortization of the loan within the stated term. One document disclosed the 365/360 method while another did not. The borrowers filed suit alleging violations of the Truth in Lending Act and common-law claims including fraud and misrepresentation. The bank moved for summary judgment, arguing that the claims were barred by TILA’s one-year statute of limitations, which it contended began running at the execution of the mortgages.
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