Information on Ohio's Consumer Laws from Attorney Daniel Myers, Myers Law, LLC, not legal advice
Huntington Bank violated a court order so that it could rush the eviction of a disabled Garfield Heights woman, resulting in her hospitalization, according to the allegations in a complaint filed with the Cuyahoga County Court of Common Pleas. The Plaintiff, Tina Todaro, has sued Huntington Bank claiming that the bank maliciously prosecuted her in its attempt to both rush her removal from her home and to unlawfully collect money from her, all during a time the court said she could not be evicted.
The lawsuit is captioned Tina Todaro v. Huntington BancShares Inc., Cuyahoga County Case No. CV-17-876642, and is pending before Judge Joseph D. Russo. Ms. Todaro is represented by consumer attorneys Dan Myers and Samantha Vajskop of Myers Law, and Ed Icove of Icove Legal Group, Ltd. The lawsuit may be found by searching the county court online records here.
Public records show that the court gave Ms. Todaro a 90-day extension to move out of her Garfield Heights home after Huntington Bank had purchased that home in a foreclosure sale. Ms. Todaro had requested the extra time in part because she suffered from disabilities, according to the request she filed with the foreclosure court. In her request for an extension of her move-out date, Ms. Todaro included a letter from her doctor requesting 90-additional days for Ms. Todaro. The doctor’s note warns that “over exertion” could exacerbate her respiratory disease. The court ordered that Ms. Todaro was entitled to the extra time she requested.
The complaint filed by Ms. Todaro alleges that Huntington Bank, instead of allowing the additional time ordered by the court, ignored her disabilities and health concerns, and ignored the court. According to public records available from the Garfield Heights Municipal Court, Huntington Bank tried to again evict Ms. Todaro before the new date the common pleas court had given to Ms. Todaro for her moving out. The bank’s requested eviction was ultimately denied by Judge Deborah Nicastro of the Garfield Heights Municipal Court, but not before it caused Ms. Todaro significant health problems, according to the allegations of the complaint.
Ms. Todaro alleges that the added stress from the improper eviction caused her respiratory disease to worsen, which led to her being hospitalized at the Ahuja Medical Center for over a week. She filed with the court a new a note from her doctor discussing these concerns. Ms. Todaro claims in her lawsuit that she was forced to end her medical treatment early in order to attend the eviction hearing.
Common Pleas Judge Maureen Clancy issued a follow-up order after she learned of Huntington Bank’s attempted eviction. In that order, Judge Clancy stated the court was “perplexed” when Huntington Bank tried to evict Ms. Todaro through the Garfield Heights Municipal Court, which the judge viewed as an “attempt to sidestep” the common pleas court’s previous ruling. After receiving additional time from the court, Ms. Todaro was finally able to move out of the home.
“Large banks don’t get to ignore court orders any more than you or I,” said attorney Dan Myers, one of the attorneys for Ms. Todaro. “Judge Clancy was right to be baffled by Huntington Bank’s actions.”
The complaint also alleges that Huntington Bank tried to illegally collect moneys from Ms. Todaro that it was not entitled to, including tens of thousands of dollars in mortgage payments for the months even after the foreclosure sale, and long after Ms. Todaro’s bankruptcy ended her liability for those payments. Ms. Todaro was not personally liable for the mortgage balance after the foreclosure sale occurred, according to the common pleas court, because she had previously gone through bankruptcy. However, Ms. Todaro alleges that this has not stopped Huntington Bank from harassing her. She alleges that in one incident, the bank’s attorney followed up to a courthouse elevator, trying to discuss the matter with her further despite repeated requests that she be left alone.
Huntington Bank has twice attempted, unsuccessfully, to dismiss Ms. Todaro’s suit. Huntington Bank has denied any liability. “We are trying to find out if Huntington Bank has done this to others,” said Myers. “We are looking for people to come forward as witnesses to these acts in their own lives, even if it was years ago, even if it’s too late to pursue, so that we can determine to what extent this may have been the bank’s practice.”
The complaint, as well as other filings in the foreclosure, eviction, and current civil suit are available electronically from the Cuyahoga County Court of Common Pleas electronic docket system (foreclosure and current civil cases), or the Garfield Heights Municipal Court’s online docket system (eviction case).
For more information, or to share your story about similar situations involving Huntington Bank, feel free to contact attorney Dan Myers at 216-236-8202, or via email at firstname.lastname@example.org.