May the Terms of a Property Loan Be Changed by Oral Agreement?

FirstMerit Bank v. Daniel E. Inks et al., Case Nos. 2013-0091 and 2013-0203

Ninth District Court of Appeals (Summit County)

ISSUES:

- For loans involving property, does Ohio's statute of frauds prohibit the parties from arguing as a defense that changes were made orally to the agreement?

- If the statute of frauds prohibits "actions" claiming that an oral agreement changed the terms of a contract, does the statute also bar raising a "defense," such as one based on the Ohio Rules of Civil Procedure, that an oral agreement changed the contract terms?