In reading the decision of the Ohio Court of Appeals for the Fifth District in the case of BAC Home Loan Servicing v. Booth, I was reminded of a thread posted by Mr. Roper last Spring:
Appellee Confession of Error: Sometimes the Borrower Can Win By Appealing and then Just Showing Up!
I remembered that Mr. Roper had said that borrowers could sometimes win an appeal simply by filing an appeal and getting the Appellant Brief filed, because the lender doesn't always answer.
In BAC Home Loan Servicing v. Booth, the borrower achieved a remarkable result when the plaintiff didn't show up for the scheduled trial after having missed a prior mediation session.
BAC appealed and was kicked to the curb. The case is:
BAC Home Loan Servicing v. Booth, No. 2011CA00161, 2012-Ohio-487 (Ohio App. 5th Dist. 2012)
Mr. Roper said in that other thread:
"Woody Allen has suggested that 80% of success is just showing up. The reciprocal to that is that one LOSES about 99% of the time when one FAILS TO SHOW UP."
No doubt, BAC wishes that it had showed up for the mediation and the scheduled trial. No elaborate wingnut theories were necessary to win. Just follow Mr. Roper's guidance to answer and show up!