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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.
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.
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