Dinn, Hochman & Potter, LLC

Creditors' Rights Archives

Court Holds FCRA Does Not Confer "Statutory Standing" by Benjamin Carnahan

The Tenth District Court of Appeals in Ohio affirmed a Court of Claims decision affirming dismissal of a putative class action against The Ohio State University ("OSU") under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. 1681, et seq. OSU moved to dismiss the complaint arguing that plaintiffs lacked standing because they alleged no injury-in-fact from the alleged FCRA violation. In response, Plaintiffs argued that Ohio law specifically recognizes standing even in the absence of an injury-in-fact when standing is conferred by statute, i.e. "statutory standing". The Court of Claims agreed with OSU and dismissed the claims. Plaintiffs appealed.

Dinn, Hochman & Potter, LLC protects mortgagee's rights in Sixth Circuit Court of Appeals by defeating borrower's attempt to void mortgage loan.

In a significant victory for creditor's rights, the Sixth Circuit Court of Appeals affirmed the decision of the United States District Court for Northern District of Ohio which held that the failure of a lender to record an assignment of mortgage even when the original lender is no longer in business does not constitute grounds for the borrower to quiet title to the mortgage. In so holding, the Sixth Circuit Court of Appeals agreed with Dinn, Hochman & Potter attorneys Benjamin D. Carnahan and Thomas A. Barni that transfer of a promissory note serves to transfer the mortgage independent of whether an assignment of mortgage is recorded. Dinn, Hochman & Potter thwarted the borrower's attempt to quiet title to real property of his mortgage loan, which, if successful, would have voided the mortgage, prevented foreclosure and eliminated the creditor's secured interest in the real property.

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