No specific laws identified for this ruling.
Plaintiff Rimmer won summary judgment on her individual claim for late recording of mortgage satisfaction, and ultimately achieved class certification after multiple appeals, though the class was defined to exclude those with arbitration agreements in their loan documents.
R.C. 5301.36 satisfaction of mortgage class action certification class definition arbitration agreement. Appellant class representative claims the arbitration agreements contained in the mortgage agreements are not valid and do not warrant exclusions of potential class members from the class unless signed arbitration agreements were produced by appellee bank. While a claim regarding the enforceability of the arbitration agreement could be raised by those individuals subject to an arbitration agreement in their own actions against appellee bank, the instant class action concerned the class of mortgagors who did not have an arbitration agreement in their mortgage agreements, as set forth in the class definition. Thus, whether appellee bank must prove the validity of an agreement to arbitrate by producing a separately signed arbitration agreement is not pertinent for this certified class. Conceivably, appellant could have proposed a class definition to incorporate the requirement that individuals with an arbitration agreement in their mortgage agreement can only be excluded from the class by a proof of a separately signed arbitration agreement. However, the class as defined does not incorporate this requirement. In addition, the trial court concluded appellee bank complied with prior discovery requests and previously made relevant mortgagor files available for inspection. Therefore, appellant's claim that appellee bank must produce evidence of a separately signed arbitration agreement in order to exclude the mortgagors whose mortgage agreements contained an arbitration agreement lacks merit.
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