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U.S. Bank National Association v. Carlton E. Holland

October 13, 2011

U.S. BANK NATIONAL ASSOCIATION
PLAINTIFF-APPELLEE
v.
CARLTON E. HOLLAND, ET AL.
DEFENDANT-APPELLANT



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

Cite as U.S. Bank Natl. Assn.. v. Holland,

JUDGES:

Hon. W. Scott Gwin, P.J.

Hon. William B. Hoffman, J. Hon. Sheila G. Farmer, J.

OPINION

CHARACTER OF PROCEEDING:

JUDGMENT:

DATE OF JUDGMENT ENTRY:

APPEARANCES:

Affirmed

(¶1) Defendant-appellant Sandra Cuenot, Successor-Trustee of the Gabriel S. Cuenot Revocable Trust dated December 15, 1994, ("Cuenot"), appeals the February 4, 2011 Judgment Entry entered by the Stark County Court of Common Pleas which dismissed its counterclaim with prejudice. Plaintiff-appellee is U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of December 1, 2006 MASTR Asset Backed Securities Trust 2006-HE 5 Mortgage Pass-Through Certificates Series 2006-HE 5 ("U.S. Bank").

STATEMENTS OF THE FACTS AND CASE

(¶2) Carlton and Silka Holland borrowed money to buy a house. The mortgage securing the home loan was eventually purchased by U.S. Bank. The Hollands gave a second mortgage to Cuenot.

(ΒΆ3) The Hollands defaulted on their mortgage payments to U.S. Bank, who then filed for foreclosure in September, 2008. Cuenot was joined as a defendant in that action. That complaint was voluntarily dismissed by U.S. Bank after a ...


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