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The Commercial & Savings Bank v. Clara Troyer

October 19, 2011

THE COMMERCIAL & SAVINGS BANK
PLAINTIFF-APPELLEE
v.
CLARA TROYER DEFENDANT-APPELLANT



Civil Appeal from the Court of Common Pleas, Case No. 09 CV 151

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

Cite as

Commercial & Savs. Bank v. Troyer,

JUDGES: Hon. W. Scott Gwin, P.J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J.

OPINION

CHARACTER OF PROCEEDING:

JUDGMENT:

DATE OF JUDGMENT ENTRY:

Affirmed

{¶1} Appellant Clara Troyer appeals the decision of the Holmes County Court of Common Pleas, which granted a monetary judgment for sanctions against her in favor of Appellee Commercial and Savings Bank ("CSB") in a foreclosure action. The relevant facts leading to this appeal are as follows.

{¶2} On August 31, 2009, Appellee CSB filed an action in foreclosure in the Holmes County Court of Common Pleas against Andy Troyer and Appellant Clara Troyer.*fn1 Appellee FirstMerit Bank was also named in the suit based on a second mortgage claim.

{¶3} Appellant and Andy Troyer filed an answer on September 24, 2009.

{¶4} On February 11, 2010, the trial court granted summary judgment and foreclosure in favor of Appellee CSB. Subsequent to this foreclosure entry, but before any sheriff's sale, appellant and Andy Troyer filed a joint petition for bankruptcy relief (Chapter 7) in the United States District Court, Northern District of Ohio. Said bankruptcy was dismissed on May 3, 2010. The trial court thereupon issued a new order of sale on May 13, 2010.

{ΒΆ5} However, on the day of the scheduled sheriff's sale, Andy Troyer individually filed a petition for bankruptcy relief (Chapter 13). This bankruptcy was dismissed in federal court upon motion of the trustee on September 21, 2010. The trial court in the case ...


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