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Fifth Third Mortgage Co. v. Campbell

Court of Appeals of Ohio, Second District

July 12, 2013

FIFTH THIRD MORTGAGE COMPANY, Plaintiff-Appellee
v.
DARRELL L. CAMPBELL, et al., Defendant-Appellant

(Civil Appeal from (Common Pleas Court) Trial Court Case No. 2012-CV-919.

HARRY J. FINKE, IV, Atty. Reg. #0018160, Graydon Head & Ritchey LLP, Attorney for Plaintiff-Appellee, Fifth Third Mortgage Company.

PAMELA L. PINCHOT, Atty. Reg. #0071648, Clyo Professional Center, Attorney for Defendant-Appellant, Michelle Campbell.

MATHIAS H. HECK, JR., by DOUGLAS TROUT, Atty. Reg. #0072027, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, Attorney for Defendant-Appellee, Montgomery County Treasurer

DARRELL CAMPBELL, Defendant-Appellee, pro se.

OPINION

HALL, J.

{¶ 1} Defendant Michelle M. Campbell appeals, and appeals from, the trial court's entry of summary judgment for Fifth Third Mortgage Company on its complaint in foreclosure. We affirm.

Facts and Evidence

{¶ 2} On February 3, 2012, Fifth Third filed a complaint in foreclosure against Campbell (and others not party to this appeal). Fifth Third later moved for summary judgment. To the summary-judgment motion, it attached a promissory note, a mortgage, and an affidavit. The note is signed by Campbell and identifies Fifth Third as the lender, and the mortgage is signed by Campbell and given to Fifth Third. The affidavit contains these averments:

1. I am an Affidavit Analyst for Fifth Third Bank, the loan servicer for Fifth Third Mortgage Company. Fifth Third Bank, as servicer, is responsible for, among other things, receiving and crediting payments made pursuant to the terms of notes and mortgages evidencing mortgage loans, including the mortgage loan that is the subject of this action ("Mortgage Loan").
2. I am an authorized signer for Fifth Third Bank and am competent to testify to the matters stated in this affidavit.
3. I have personal knowledge of the facts stated in this affidavit based upon my review of the business records referenced and incorporated below.
4. As part of my job, I am familiar with the manner in which the business records, maintained by Fifth Third Bank for the purpose of servicing consumer mortgage loans, are compiled, maintained, and retrieved, and I also have direct access to those business records.
5. The business records (which include data compilations, electronically imaged documents, and other similar records) are maintained by Fifth Third Bank electronically and are made at or near the time by, or from information provided by, persons with knowledge of the activity and transactions reflected in such records. The business records are regularly kept by Fifth Third Bank in the course of its business of ...

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