Alexander v. Wells Fargo Financial Ohio 1, Inc.

2009 Ohio 2962, 911 N.E.2d 286, 122 Ohio St. 3d 341
CourtOhio Supreme Court
DecidedJune 30, 2009
Docket2008-0905 and 2008-1009
StatusPublished
Cited by33 cases

This text of 2009 Ohio 2962 (Alexander v. Wells Fargo Financial Ohio 1, Inc.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. Wells Fargo Financial Ohio 1, Inc., 2009 Ohio 2962, 911 N.E.2d 286, 122 Ohio St. 3d 341 (Ohio 2009).

Opinions

Lanzinger, J.

{¶ 1} The question presented in these two cases, consolidated sua sponte, is whether statutory claims for delay in recording the satisfaction of loans and discharge of mortgages are governed by the arbitration agreements signed by the parties. Because we hold that the arbitration agreements apply to the parties’ claims, we reverse.

I. Case Background

A. Lillie Alexander

{¶ 2} On December 5, 2000, appellee Lillie Alexander entered into a mortgage agreement with appellant Wells Fargo Financial Ohio 1, Inc. (“Wells Fargo”) and signed an accompanying mandatory-arbitration agreement. Wells Fargo filed an entry of satisfaction of the mortgage on January 11, 2002.

{¶ 3} On May 2, 2006, Alexander filed a class action, alleging that on July 27, 2001, Alexander paid off the mortgage and that Wells Fargo failed to file the entry of satisfaction of the mortgage within the 90 days prescribed by R.C. 5301.36(A). The failure to timely file an entry of satisfaction of the mortgage triggers a $250 penalty. R.C. 5301.36(C). Wells Fargo filed a motion to compel arbitration, which the trial court granted.

{¶ 4} The Cuyahoga County Court of Appeals held that the arbitration agreement does not apply to this dispute and reversed. Alexander v. Wells Fargo Financial Ohio 1, Inc., 8th Dist. No. 89277, 2008-Ohio-1402, 2008 WL 803044.

B. Shelton Coleman

{¶ 5} On April 2, 2001, appellee Shelton Coleman entered into a loan agreement with appellant American General Financial Services, Inc. (“AGFS”) and signed a UCC-1 financing statement evidencing the collateral that secured his [343]*343loan. The loan agreement contained a mandatory-arbitration provision. In July 2003, Coleman repaid his loan in full.

{¶ 6} On June 16, 2006, Coleman filed a class action, alleging that AGFS failed to file a termination of the financing statement within the 30 days prescribed by R.C. 1309.513. According to R.C. 1309.625(E)(4), failure to timely file the statement triggers a $500 penalty. AGFS answered the complaint and also filed a motion to compel arbitration, which the trial court denied.

{¶ 7} The Cuyahoga County Court of Appeals affirmed the trial court’s holding that Coleman’s claim against AGFS was not subject to the arbitration agreement. Coleman v. Am. Gen. Financial Servs., 8th Dist. No. 89311, 2008-Ohio-1403, 2008 WL 803039.

{¶ 8} This court sua sponte consolidated the two cases for determination of whether the arbitration agreements apply to the parties’ claims.

II. Legal Analysis

{¶ 9} We first look at the language of the individual arbitration agreements to determine whether the parties agreed to arbitrate the disputed issue. We then use the standard articulated in Academy of Medicine of Cincinnati v. Aetna Health, Inc., 108 Ohio St.3d 185, 2006-Ohio-657, 842 N.E.2d 488, to determine whether the statutory causes of action are within the scope of the agreements.

A. Alexander

{¶ 10} The issue between Alexander and Wells Fargo is whether they agreed to arbitrate the failure to timely file an entry of satisfaction of the mortgage.

{¶ 11} The agreement signed by Alexander states:

{¶ 12} “RIGHT TO ELECT TO ARBITRATE: Any party covered by this Agreement may elect to have any claim, dispute or controversy (‘Claim’) of any kind (whether in contract, tort, or otherwise) arising out of or relating to your Loan Agreement, or any prior or future dealings between us, resolved by binding arbitration. A Claim may include, but shall not be limited to, the issue of whether any particular Claim must be submitted to arbitration, or the facts and circumstances involved with your signing of this Agreement, or your willingness to abide by the terms of this Agreement or the validity of this Agreement.”

{¶ 13} Wells Fargo stresses that Ohio has a strong presumption in favor of arbitration. ABM Farms, Inc. v. Woods (1998), 81 Ohio St.3d 498, 500, 692 N.E.2d 574; Williams v. Aetna Fin. Co. (1998), 83 Ohio St.3d 464, 471, 700 N.E.2d 859. Wells Fargo also points out that the agreement covers any claim “arising out of or relating to” the mortgage. We held in Aetna Health, 108 Ohio St.3d 185, 2006-Ohio-657, 842 N.E.2d 488, ¶ 18, that the phrase “any claim or controversy arising out of the agreement” is the paradigm of a broad clause. The [344]*344agreement must be enforced unless “ ‘ “it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute. Doubts should be resolved in favor of coverage.” ’ ” Id. at ¶ 14, quoting AT & T Technologies, Inc. v. Communications Workers of Am. (1986), 475 U.S. 643, 650, 106 S.Ct. 1415, 89 L.Ed.2d 648, quoting United Steelworkers of Am. v. Warrior & Gulf Navigation Co. (1960), 363 U.S. 574, 582-583, 80 S.Ct. 1347, 4 L.Ed.2d 1409.

{¶ 14} Alexander argues that since the mortgage was extinguished before the statutory duty to file the mortgage release arose, the claim does not arise out of or relate to the mortgage agreement. However, as the dissent noted in the court of appeals, “statutory duties cannot arise unless and until the loan agreements are extinguished by full payment of the note. In other words, the precise reason the court gives for finding that the claims are not subject to arbitration — namely full payment of the loan — is precisely what must happen before the claimed duties manifest.” Alexander v. Wells Fargo, 8th Dist. No. 89277, 2008-Ohio-1402, 2008 WL 803044, ¶ 24 (Stewart, J., dissenting).

{¶ 15} Alexander’s claim under R.C. 5301.36 arises out of and relates to the mortgage agreement. It stems from her initial signing of the mortgage. Her full payment of the note triggered the statutory duties that underlie her claim. To recover, she must prove that she paid off the loan and that the mortgage release was not timely filed.

{¶ 16} We therefore hold that the arbitration language demonstrates an agreement between Alexander and Wells Fargo to arbitrate the failure to timely file an entry of satisfaction of the mortgage.

B. Coleman

{¶ 17} For the same reasons articulated above, we hold that the arbitration language demonstrates an agreement between Coleman and AGFS to arbitrate the failure to timely file a termination statement. The agreement signed by Coleman states:

{¶ 18} “Either you or Lender may require that certain disputes between you and Lender be submitted to binding arbitration.”

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Cite This Page — Counsel Stack

Bluebook (online)
2009 Ohio 2962, 911 N.E.2d 286, 122 Ohio St. 3d 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-wells-fargo-financial-ohio-1-inc-ohio-2009.