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Chase Home Finance LLC v. Byrd

Court of Appeals of Ohio, Ninth District

July 24, 2013

CHASE HOME FINANCE LLC Appellee
v.
ERIC BYRD AND DENISE BYRD, et al. Appellants

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CV 2010 10 7019

MARGARET A. MCDEVITT and JULIUS P. AMOURGIS, Attorneys at Law, for Appellants.

THOMAS WYATT PALMER, Attorney at Law, for Appellee.

LAURA A. HAUSER, Attorney at Law, for Appellee.

DECISION AND JOURNAL ENTRY

PER CURIAM.

{¶1} Appellants, Eric and Denise Byrd, appeal the judgment of the Summit County Court of Common Pleas. This Court affirms.

I.

{¶2} On May 21, 2001, Eric and Denise Byrd executed a note for $49, 600 in favor of Country Home Mortgage, for property located at 397 Dover Ave., in Akron, Ohio. The note was secured by a mortgage.

{¶3} Chase Home Finance LLC filed the instant foreclosure action on October 14, 2010. Attached to the complaint was a series of assignments indicating that the mortgage had passed from Country Home Mortgage to Flagstar Bank, FSB; from Flagstar Bank, FSB to the Federal National Mortgage Association; and from Federal National Mortgage Association to Chase Home Finance LLC. On February 15, 2011, with leave of court, the Byrds filed their answer to the complaint.

{¶4} After the parties unsuccessfully attempted to resolve the matter through mediation, the trial court set the matter for pretrial conference on January 2, 2012. On March 14, 2012, Chase Home Finance LLC filed a motion to substitute JPMorgan Chase Bank, N.A., successor by merger to Chase Home Finance LLC, as the party plaintiff Attached to the motion was the certificate of merger. The trial court issued an order granting the motion on March 21, 2012. JPMorgan Chase Bank filed a motion for summary judgment on March 16, 2012, and then re-filed its motion on March 30, 2012, after it had been substituted as plaintiff After filing a motion to compel discovery on April 11, 2012, the Byrds filed a response to JP Morgan Chase Bank's motion for summary judgment on April 13, 2012. JPMorgan Chase Bank filed a reply brief on April 25, 2012.

{¶5} On June 28, 2012, the trial court granted summary judgment in favor of JPMorgan Chase, and instructed the bank to submit a proposed foreclosure decree to the court. On July 18, 2012, the trial court issued its judgment entry and decree in foreclosure.

{¶6} On appeal, the Byrds raise one assignment of error.

II.

ASSIGNMENT OF ERROR


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