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Contracts Keyed to Whaley
PHH Mortgage Corp. v. Ramsey
Citation:Ohio Court of Appeals, 2014. 17 N.E.3d 629.
PHH Mortgage Corporation (Plaintiff) provided Andrew Ramsey (Defendant) with a promissory note to fund his purchase of real property. Defendant purchased real estate for use as a rental property. Defendant made mortgage payments online to plaintiff for six years, however in August 2009, he tried to make his payment, and received an error message. His attempt seemed to be successful, but he called plaintiff’s help line to get a confirmation number for the payment. He was told the payment would be processed, yet a few days later, he received a notice from plaintiff that his payment was late. The following month, plaintiff tried to make an online payment again, and the same issue occurred. So he sent a check to plaintiff covering both payments, and included a letter explaining the situation. The check was never cashed or returned.
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