Michael Wiery

Court & Bar Admissions

Ohio Supreme Court & Ohio State Courts (1997)
Kenucky Supreme Court & Kentucky Courts (2007)
U.S. District Courts, NDOH (1998)
U.S. Bankruptcy Courts, NDOH (1998)
U.S. District Courts SDOH (2011)
U.S. Bankruptcy Courts SDOH (2011)
U.S. Court of Appeals, Sixth Circuit (2021)

Honors, Appointments and Awards

Martindale-Hubbell award of recognition of practice
20 years Kentucky Bar Associcaion
Legal Education Award

Professional Affiliations

American Bar Association
Mortgage Bankers Association
USFN
Ohio Land Title Association
Kentucky Bar Association
Real Estate Section

Published Decisions

Nationstar Mtge., L.L.C. v. Jessie, 8th Dist. Cuyahoga No. 113932, 2025-Ohio-454,
(Representation of Lender on appeal where Court held that the trial court correctly overruled borrower’s objections to the magistrate’s denial of the borrower’s motion to enforce settlement agreement.)
M&T Bank v. Stewart, 2024-Ohio-1054, 241 N.E.3d 799, (8th Dist.)
(Representation of lender on appeal where Appellate Court held there was no error in the trial court’s decision granting a judgment of foreclosure in favor of lender as lender established it was entitled to enforce the promissory note and enforce its interest in mortgage. Evidence showed, inter alia, lender satisfied all conditions precedent and proved the amount of principal and interest due.
Laelia, LLC v. Burns, App. No. 2022-CA-0922-MR, 2024 Ky. App. Unpub. LEXIS 229, (Apr. 12, 2024)
(Representation of lender in appeal of foreclosure action where lower court sua sponte vacated lender’s judgment, where Appellate Court vacates the circuit court’s void July 1, 2022 order vacating the Final Judgment and remanded case to the Owsley Circuit Court for further proceedings consistent with this Opinion, including facilitating Appellant’s execution on the Final Judgment by ordering the Master Commissioner to schedule the sale and sell the subject property being foreclosed)
Bank of New York Mellon v. Floyd, 8th Dist. Cuyahoga No. 110248, 2021-Ohio-3736
(In a foreclosure action, there was no genuine issue of material fact as to the two different versions of the note, one with and one without an allonge containing a specialty endorsement, as plaintiff was the party entitled to enforce the note by being in possession of the note with a blank endorsement.)
Wells Fargo Bank, N.A. v. Collins, 8th Dist. Cuyahoga No. 109555, 2021-Ohio-508
(Representation of lender on appeal where Appellate Court found that the trial court did not err by denying the debtor’s motion for relief from judgment in the bank’s foreclosure action, because his motion did not comply with the requirements of Civ.R. 60(B) ; and the default judgment had no bearing on the court’s denial of his motion.)
Stephens v. Natl. City Corp., 6th Cir. No. 20-3746, 2021 U.S. App. LEXIS 17799, (June 14, 2021)
(Representation of law firm in United States District Court and U.S. Sixth Circuit Court of Appeals, where Court of Appeals held that dismissal of borrower’s claims against lenders and law firm from her state court foreclosure action based on the Rooker-Feldman doctrine and res judicata was proper, as was her motion to amend her complaint because her proposed simplification of her RICO claim had no bearing on the Rooker-Feldman and res judicata analysis.)
M&T Bank v. Wood, 2d Dist. Clark No. 2019-CA-46, 2020-Ohio-10
(Representation of M&T Bank on appeal of foreclosure case concerning question of loan acceleration, where Appellate Court held that, since a bank did not indicate to appellants that the entire unpaid balance of their unpaid debt was presently due, the bank’s correspondence did not trigger R.C. 2303.16(A) . The bank did not accelerate a promissory note until the filing of a foreclosure action, and R.C. 2303.16(A) did not bar the bank’s action against appellants.)
New Residential Mtge. LLC v. Barnes, 2020-Ohio-6907, 165 N.E.3d 343, (12th Dist.)
(Representation of New Residential Mortgage LLC, where Appellate Court held that the trial court’s decision denying New Residential Mortgage LLC ‘s motion to set aside is hereby reversed and the matter is remanded for the issuance of an order granting New Residential Mortgage LLC’s motion to set aside the sheriff’ sale and for further proceedings in accordance with law)
Yeckley v. Yeckley, 8th Dist. Cuyahoga No. 109275, 2020-Ohio-5432
(Representation of KeyBank National Association in appeal where Appellate Court held that Defendant waived all but plain error because the objections to the magistrate’s decision were untimely, and the magistrate did not commit plain error by determining that each of the four siblings was entitled to a proportionate share of the house to be adjusted by setoffs for certain expenditures spent to upkeep the house.)
Fannie Mae v. DeMartin, 10th Dist. Franklin No. 18AP-221, 2019-Ohio-2136.
(Representation of Fannie Mae on appeal where Appellate Court held that assignee was entitled to summary judgment in foreclosure action because absent provision within note or mortgage, assignee was not required to negotiate with borrower for loan modification, borrower’s loss mitigation application had been denied prior to judgment, and, as such, borrower failed to raise issue of material fact regarding application).
Fannie Mae v. Yolanda Andolsek, 11th Dist. Lake Co. 2018-L-081
(Representation of Fannie Mae as Appellee in post Judgment appeal on a Motion to Stay Execution Pending Settlement, Court found brief to be in serious violation of numerous appellate and local rules, failed to address judgment on motion being appealed)
MTGLQ Investors L.P. v. Faulkner, 12th Dist. Warren Co., 2018-Ohio-2885
(Borrower alleged on appeal that summary judgment should have been denied because of alleged breach of contract, civil fraud, violations of bankruptcy law, TILA, RESPA, and failure to mitigate. The Appellate court determined that these issues were not raised in the trial court, and could not be raised for the first time on appeal. Appellate Court affirmed that the Lender met its burden under Civ.R. 56 and the granting of summary judgment was appropriate.)
Live Oak Banking Co. v. Butler, N.D.Ohio No. 1:17-CV-719, 2018 U.S. Dist. LEXIS 200691, (Nov. 27, 2018)
(Representation of lender in United Stated District Court regarding collection of SBA loan in Court of Appeals and collection of attorney fees under commercial agreement, Appellate Court held that, after a thorough review of the itemized billing statements, as well as the hourly rates charged, that the legal expenses incurred by Appellee to obtain a judgment against Defendants for defaulting on a $1.312,000.00 loan are reasonable and appropriate, and therefore ordered that Defendants reimburse Live Oak Banking Co. for their attorney fees.)
Federal National Mortgage Association v. Herren , 8th Dist. Cuyahoga County, 99 N.E.3d 1071, 2017-Ohio-8401
(Representation of Fannie Mae as Appellee in appeal of summary judgment, Court holding (1) genuine issues of material fact as to the validity of a blank endorsement on promissory note, along with a break in the chain of assignments of mortgage, precluded summary judgment; (2) a genuine issue of material fact about Fannie Mae’s separate right to foreclose on a transferred note in the absence of a corresponding assignment of the mortgage, precluded summary judgment; but (3) violations of Fannie Mae’s internal policies regarding notice to a defaulting borrower, the need for a proper default letter, and to establish the amount due under the note, were insufficient to provide a defense to foreclosure. Reversed and remanded.)

Presentations and Events

Panelist, Foreclosure Litigation, Mortgage Default Servicing Academy Symposium 2023, Dallas, TX
Panelist, Foreclosure and Private Selling Officer Sales in Ohio, 2023 Fidelity National Title Continuing Education Seminar, Columbus, OH
Panelist, CFPB Scrutiny of Ancillary Fees and Costs on Loans, USFN Legal Issues and Regulation Conference 2022, Chicago, IL
Panelist, Clouded Title, Ohio Land Title Association Spring Seminar 2022, Columbus, OH
Panelist, Ohio Foreclosure Law for the Title Insurance Professional, Ohio Land Title Association Spring Seminar 2021, Columbus, OH
Panelist, The Ohio Private Selling Officer Law; The New Law and Its Impacts on Courts, Creditors, Buyers and Sellers, Old Republic National Title Insurance Company 2018 Annual Seminar, Columbus, OH
Panelist, Legal and Legislative Trends, Legal Issues in Mortgage Servicing Conference 2017, Chicago, IL
Panelist, Non-traditional Foreclosures, USFN Loan Management and Servicing Seminar, Charlotte NC 2016
Panelist, Judicial Foreclosure and Dodd Frank Mortgage Default Servicing Academy Symposium 2016, Buffalo, NY

Publications & Press Releases

Analysis of HUD Regulation Defenses, USFN Report – Summer 2022
Recent Developments in Ohio Law Regarding Statue of Limitations in Foreclosure Actions, USFN Report – Winter 2017

Other Activities

Veteran, United States Air Force

Practice Areas

Banking Bankruptcy Civil Litigation Financial Services (Default Servicing) Forcible Entry & Detainer (Eviction) Foreclosures (Judicial and Non-Judicial Trustee Sales) Real Estate Tax Lien Foreclosures

Education

Cleveland-Marshall College of Law (1997)
Youngstown State University (1994)
Licensed Ohio Title Agent (2012)

Biography

Michael Wiery practices in Ohio and Kentucky and manages the Litigation Department of the Ohio and Kentucky and West Virgina offices. The Litigation Department is primarily focused in the areas of foreclosure, title, eviction, REO property litigation, code violation defense, and regulatory compliance issues, handling trials and appeals in State and Federal Courts on behalf consumer and commercial financial industry clients. Overseeing the department and carrying a caseload of his own, Mike handles and manages all phases of litigation, from case referral through discovery, motion practice, trial and appeals.

Residing in Cleveland, Mike is originally from the Youngstown, Ohio area and a graduate of Youngstown State University, Mike attended Cleveland Marshall College of Law. Mike is licensed to practice in the Ohio, Kentucky, U.S. Bankruptcy and District Courts for the Northern and Southern Districts of Ohio and the Sixth Circuit United States Court of Appeals. He is also licensed Ohio Title Insurance Agent and former Ohio Real Estate Agent.

Mike also is a frequent lecturer at in-house seminars for lender clients, title companies, and realtors on Ohio and Kentucky real estate foreclosure, title, lender REO, and regulatory issues. He is a member of the American Bar Association, Ohio State Bar Association and, the Kentucky Bar Association, He is a veteran of the United States Air Force where he honorably served in the Tactical Air Command at Langley Air Force Base, Virginia.