Deutsche Bank National Trust Co. v. Pevarski

932 N.E.2d 887, 187 Ohio App. 3d 455
CourtOhio Court of Appeals
DecidedMarch 1, 2010
DocketNo. 08CA52
StatusPublished
Cited by15 cases

This text of 932 N.E.2d 887 (Deutsche Bank National Trust Co. v. Pevarski) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deutsche Bank National Trust Co. v. Pevarski, 932 N.E.2d 887, 187 Ohio App. 3d 455 (Ohio Ct. App. 2010).

Opinion

Kline, Judge.

{¶ 1} Glenn V. Pevarski and Nanetta L. Pevarski appeal the summary judgment of the Washington County Court of Common Pleas. Deutsche Bank National Trust Company (“Deutsche”) filed a claim for foreclosure on the Pevarskis’ home. Thereafter, the trial court granted summary judgment in favor of Deutsche and third-party defendant Ameriquest Mortgage Company (“Ameriquest”) on Deutsche’s foreclosure claim and the Pevarskis’ various counterclaims and third-party claims.

{¶ 2} For various reasons, the Pevarskis contend that the trial court improperly granted summary judgment in favor of Deutsche and Ameriquest. First, the Pevarskis argue that genuine issues of material fact exist regarding the equitable defense of unclean hands. We disagree. Under Ohio law, the unclean-hands doctrine relates only to the conduct of plaintiffs. And although Deutsche is the plaintiff in the claim for foreclosure, the Pevarskis’ allegations relate only to the conduct of Ameriquest. Therefore, an unclean-hands defense is unavailable because the Pevarskis have not alleged that Deutsche engaged in reprehensible conduct. Second, the Pevarskis argue that genuine issues of material fact exist regarding the defense of unconscionability. Because the agreement between Ameriquest and the Pevarskis is not so outrageous as to be substantively unconscionable, we disagree. Third, the Pevarskis argue that the trial court erred, as a matter of law, in concluding that the parol evidence rule bars the introduction of certain evidence related to the Pevarskis’ fraudulent-inducement claims. We disagree. Because the parol evidence rule bars evidence of Ameriquest’s alleged promises to the Pevarskis, we find that Deutsche and Ameriquest are entitled to judgment as a matter of law on the Pevarskis’ fraudulent-inducement claims. And finally, the Pevarskis argue that genuine issues of material fact exist regarding the Pevarskis’ Truth-In-Lending Act (“TILA”) claims. We disagree. Because the Pevarskis merely speculate as to whether certain charges were indeed bona fide and reasonable, we find no genuine issues of material fact regarding the Pevarskis’ TILA claims.

{¶ 3} After construing the record and all inferences therefrom in the Pevarskis’ favor, we find (1) that there is no genuine issue as to any material fact, (2) that Deutsche and Ameriquest are entitled to judgment as a matter of law on the various claims, counterclaims, and third-party claims, and (3) that reasonable minds can come to only one conclusion, and that conclusion is adverse to the Pevarskis. Accordingly, we affirm the judgment of the trial court.

[461]*461I

{¶ 4} In 2004, the Pevarskis started falling behind on some of their credit-card debts. Glenn Pevarski suffered a spinal cord injury in 2001 and, as a result, was receiving Workers’ Compensation benefits of $944 every two weeks. Before the injury, Glenn’s income was approximately $36,000 a year plus commission. Nanetta Pevarski was self-employed and earned between $100 and $150 dollars a month.

{¶ 5} The Pevarskis owned their home, which they purchased sometime around 1994. Because they were falling behind on their credit-card debts, the Pevarskis began looking into mortgage refinancing options in early 2004. At the time, the Pevarskis had minimum payments of approximately $453 per month on their credit-card debts. Sometime around April 2004, a loan officer from Ameriquest contacted the Pevarskis. During their initial conversations, Glenn told the loan officer that the Pevarskis wanted an affordable 30-year fixed-rate mortgage that would pay off all of their outstanding debts. After these initial conversations, Glenn gathered financial information and faxed it to Ameriquest. A few days later, the loan officer again contacted Glenn and allegedly told him that Ameriquest could offer the Pevarskis a 30-year fixed mortgage at an interest rate of 5.75 percent. Further, the loan officer allegedly advised the Pevarskis to stop making payments on their other debts because the mortgage refinancing would soon close. It is not clear whether the Pevarskis relied on this advice and actually stopped paying their other debts.

{¶ 6} Ameriquest and the Pevarskis scheduled a closing for May 20, 2004. During the closing, Glenn examined the loan documents and noticed that the loan was different from the terms that he had discussed with the loan officer. Specifically, the loan was at a variable interest rate instead of a fixed rate and did not pay off all of the Pevarskis’ outstanding debts. Because of these discrepancies, Glenn called the loan officer during the closing process. According to Glenn, the loan officer said that he had made a mistake, that the loan officer would correct it, and that the Pevarskis should sign the documents anyway. However, the Pevarskis did not sign all of the documents, and the closing was rescheduled for May 24, 2004.

{¶ 7} At the second closing, Glenn again noticed that the loan was at a variable interest rate and did not pay off all of the Pevarskis’ outstanding debts. Once again, Glenn called the loan officer. According to Glenn, the loan officer made the following claims during this conversation: (1) that the Pevarskis should not worry about it, (2) that Ameriquest had to “work” the loan that way for now, and (3) that Ameriquest would refinance the loan before the interest rate increased. The Pevarskis claim that they signed the loan documents based on this promise from the loan officer.

[462]*462{¶ 8} At the time of the refinancing, the Pevarskis owed $107,759 on their first mortgage and $35,188 on their second mortgage. The Pevarskis paid $704 a month on their first mortgage, which had a fixed 6.25 percent interest rate. The second mortgage was a home equity loan with a $121 monthly payment. The terms of the second mortgage are not entirely clear, but it apparently had a variable interest rate. The Pevarskis were current with both of their mortgages at the time of the refinancing.

{¶ 9} The Pevarskis paid over $9,000 in closing costs on the loan from Ameriquest, and the debt secured by the Pevarskis’ home increased from $142,947 to $177,300. The loan from Ameriquest had a variable interest rate starting at 6.3 percent and an initial payment of $1,097.44 per month.

{¶ 10} Apparently, representatives from Ameriquest falsified the Pevarskis’ financial information during the loan-approval process. The loan application inflates the Pevarskis’ monthly income from $2,197 per month to $4,001 per month. The application states that Glenn earned one dollar ($1) a month from his job and that Nanetta earned $4,000 a month in self-employment income. And although the Pevarskis owned just one home worth approximately $197,000, the loan application states that the Pevarskis owned two different houses, worth a combined $394,000, at their single address. Further, the loan application does not apply the Pevarskis’ two mortgages against the only actual house on their property. Instead, the loan application lists one of the Pevarskis’ mortgages against the actual house and the second mortgage against the nonexistent house. Despite these discrepancies, the Pevarskis claim that they provided accurate information to Ameriquest during the loan-approval process. Ameriquest prepared the loan application, and the Pevarskis did not see the application until closing. The Pevarskis state that they did not closely review the application because they relied on Ameriquest to prepare the application accurately.

{¶ 11} About a week after closing, the loan officer contacted Nanetta and told her that the Pevarskis needed to sign some additional documents.

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Cite This Page — Counsel Stack

Bluebook (online)
932 N.E.2d 887, 187 Ohio App. 3d 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deutsche-bank-national-trust-co-v-pevarski-ohioctapp-2010.