Confirm favorite deletion?
Contracts Keyed to Whaley
PHH Mortgage Corp. v. Barker
Citation:Court of Appeals of Ohio, 2010. 190 Ohio App. 3d 71, 940 N.E.2d 662.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Denise and Robert Barker (Defendants) executed a note and mortgage on a home with First Financial Bank, N.A. Defendants failed to make the requisite monthly payments on the mortgage for two consecutive months. First Financial provided defendants with a loss-mitigation packet from the “Mortgage Service Center” with information regarding their mortgage, particularly that it was in default. However, at the same time, defendants received a new “coupon book” from First Financial with a new monthly payment plan. Defendants used the coupon book to begin making monthly payments, believing that their mortgage had been reinstated. First Financial then sent two checks and letters to the defendants informing them that their money was being returned because their mortgage remained in default and was pending foreclosure.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.