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The Huntington National Bank v. Ssa Ltd. and Ssa-Stor

October 12, 2011

THE HUNTINGTON NATIONAL BANK
PLAINTIFF-APPELLEE
v.
SSA LTD. AND SSA-STOR, LLC
DEFENDANTS-APPELLANTS



CHARACTER OF PROCEEDING: Appeal from the Court of Common Pleas, Case No. 11CVE030285

The opinion of the court was delivered by: Farmer, J.

Cite as Huntington Natl. Bank v. SSA Ltd.,

JUDGES: Hon. William B. Hoffman. P.J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J.

OPINION

JUDGMENT: Affirmed

{¶1} On March 1, 2011, appellee, The Huntington National Bank, filed a complaint in foreclosure against appellants, SSA Ltd. and SSA-Stor, LLC. Appellee sought to recover on a judgment it had obtained against appellants on October 13, 2010 for default on a promissory note, secured by mortgages, in the amount of $5,940,889.23 (Franklin Case No. 10-CV-14948). Appellee requested the appointment of a receiver. By judgment entry filed May 9, 2011, the trial court granted the motion and appointed a receiver.

{¶2} Appellants filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:

I

{¶3} "THE TRIAL COURT ERRED IN THE APPOINTMENT OF A RECEIVER BECAUSE THE APPOINTMENT OF A RECEIVER WAS CONTRARY TO THE AGREEMENT OF THE PARTIES AND CONTRARY TO EQUITABLE PRINCIPLES GOVERNING THE APPOINTMENT OF A RECEIVER."

II

{¶4} "THE TRIAL COURT ERRED WHEN IT APPOINTED A RECEIVER BASED UPON OHIO REVISED CODE SECTION 2735.01 (B) BECAUSE THE APPELLEE FAILED TO PROVE THAT THE MORTGAGED PROPERTY WAS IN DANGER OF BEING LOST, REMOVED OR MATERIALLY INJURED, OR THAT THE PROPERTY IS PROBABLY INSUFFICIENT TO DISCHARGE THE MORTGAGE DEBT."

Delaware County, Case No. 11CAE050048 3

I

{ΒΆ5} Appellants claim the trial court erred in appointing a receiver because it was contrary to the parties' agreement and contrary to equitable principles governing ...


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