Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bank of America v. Ezekiel Jimenez et al

October 31, 2011

BANK OF AMERICA,
NATIONAL ASSOCIATION, APPELLEE,
v.
EZEKIEL JIMENEZ ET AL.,
APPELLANTS.



CHARACTER OF PROCEEDING: Civil appeal from the Delaware County Court of Common Pleas, Case No. 10CVE04573

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

Cite as Bank of Am., N.A. v. Jimenez.,

OPINION

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

JUDGMENT: Affirmed

{¶1} Defendants-appellants Ezekiel Jimenez and Azar Sarikhani appeal the April 12, 2011 Judgment Entry entered by the Delaware County Court of Common Pleas rendering judgment in favor of Plaintiff-appellee Bank of America, National Association.

STATEMENT OF THE CASE

{¶2} On April 12, 2010, Appellee Bank of America filed a complaint in foreclosure against Appellants Ezekiel Jimenez and Azar Sarikhani seeking judgment for the balance due on a note and to foreclose on the associated mortgage. Appellants did not file an answer to the complaint.

{¶3} On May 17, 2010, Appellee moved for default judgment against Appellants. Appellee then dismissed the motion. On June 25, 2010, Appellee filed a second motion for default judgment. Via Judgment Entry, the trial court granted the motion for default judgment on July 1, 2010.

{¶4} Appellants claim they had been involved in good faith negotiations with Wells Fargo Home Mortgage regarding potential resolution options, an entity who is not a party to this action, during the pendency of the foreclosure proceedings. On January 11, 2011, Appellants retained counsel to pursue debt relief options, including bankruptcy.

{¶5} On January 11, 2011, on the eve of the scheduled Sheriff's sale, Appellants filed a motion to vacate the July 1, 2010 Judgment Entry along with a Motion for Stay of Execution of Sheriff's Sale, Motion for Foreclosure Mediation and Motion for Extension of Time to Answer. Via Judgment Entry of April 12, 2011, the trial court denied Appellants' motion to vacate.

{¶6} Appellants now appeal, assigning as error:

{¶7} "I. THE TRIAL COURT ABUSED ITS DISCRETION BY FAILING TO

VACATE THE UNDERLYING JUDGMENT AS DEFENDANTS/APPELANTS MADE THE REQUISITE SHOWING UNDER CIV. R. 60 (B) IN THEIR MOTION TO VACATE, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.