Andrew M. Engel

Andrew M. Engel is a seasoned attorney based in Kettering, Ohio, with a robust practice in consumer protection law. His expertise encompasses mortgage foreclosure defense, predatory lending, mortgage broker fraud, home improvement claims, and various other consumer claims.

One of his notable achievements is the landmark case Fed. Nat'l. Home Loan Mtge. Corp. v. Schwartzwald, (Oct. 31, 2012) 2012-Ohio-5017. This pivotal decision by the Ohio Supreme Court established that banks must have the right to enforce the note and mortgage at the time of filing a foreclosure case. Should a bank lack this right, the trial court is deprived of jurisdiction, necessitating case dismissal. This ruling offers renewed hope for homeowners who have faced foreclosure, as it also impacts previously closed cases where banks acted prematurely.

In Wallace v. Washington Mutual Bank, et al. (June 26, 2012) 6th Circuit Court of Appeals Case No. 10-3694, Andrew successfully argued for the reversal of a district court's dismissal under the Fair Debt Collection Practices Act. The 6th Circuit Court of Appeals found that a law firm's false representation of its client as the "holder" of a note in a foreclosure case could substantiate an FDCPA claim.

Another significant victory was in FV-I, Inc. v. Lackey, 10th Dist. Franklin No. 13-AP-0983, 2014-Ohio-4944, where Andrew secured the reversal of summary judgment in a foreclosure action under the plain error doctrine. The trial court had erroneously granted a judgment exceeding the note's face value, a decision the court of appeals deemed detrimental to the fairness and reputation of the judicial process.