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.

Huntington National Bank v. Cynthia Moore et al

October 31, 2011

HUNTINGTON NATIONAL BANK, APPELLEE,
v.
CYNTHIA MOORE ET AL., APPELLANTS.



Civil Appeal from the Court of Common Pleas, Case No. 2009 CV 04953

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

Cite as Huntington Natl. Bank v. Moore,

CHARACTER OF PROCEEDING:

JUDGMENT:

DATE OF JUDGMENT ENTRY:

JUDGES: Hon. William B. Hoffman, P. J. Hon. John W. Wise, J. Hon. Patricia A. Delaney, J.

OPINION

Dismissed

{¶1} Appellant Cynthia Kay Moore appeals from the February 8, 2011, Judgment Entry entered in the Stark County Court of Common Pleas.

STATEMENT OF THE FACTS AND CASE

{¶2} This case arose out of a foreclosure action. The relevant facts are as follows:

{¶3} On or about December 29, 2009, Plaintiff-Appellee filed a Complaint in Foreclosure against Defendant-Appellee Cynthia Moore related to a certain Note and Mortgage executed by Northup on or about May 24, 2006. Plaintiff-Appellee then obtained leave from the trial court to file an Amended Complaint, which it did on February 2, 2010. After service was complete, Plaintiff-Appellee filed its Motion for Default Judgment against Defendant-Appellant Moore on March 15, 2010, which was granted by the court on March 16. 2010. An Order of Sale was issued to the Stark County Sheriff on April 2, 2010 with Sheriff's Sale being set for June 14, 2010.

{¶4} On June 14, 2010, Defendant-Appellant Moore filed a Notice of Bankruptcy and Suggestion of Stay.

{¶5} On November 18, 2010, after Defendant-Appellant Moore received a Chapter 7 bankruptcy discharge and her bankruptcy case was terminated, PlaintiffAppellee filed a Notice of Intent to Proceed, and a new Order of Sale was issued on November 22, 2010. Notice of Sheriff's Sale set for January 24, 2011, was filed on December 30, 2010.

{ΒΆ6} On January 21, 2011, Defendant-Appellant Moore filed with the court a Motion to Sequester Genuine Original Fixed Rate Note as well as a document titled Affidavit of Negative ...


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.