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CitiMortgage, Inc. v. Fangman

Court of Appeals of Ohio, Twelfth District

July 29, 2013

CITIMORTGAGE, INC., SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP, INC., Plaintiff-Appellee,
v.
ROGER P. FANGMAN, et al., Defendants-Appellant.

CIVIL APPEAL FROM CLERMONT COUNTY COURT OF COMMON PLEAS Case No. 2012 CVE 00169

Graydon Head & Ritchey LLP, Harry J. Finke, IV, for plaintiff-appellee

Doucet & Associates, Inc., Troy J. Doucet, for defendant-appellant, Roger P. Fangman

Eric W. Goering, for defendant, Ann F. Fangman

Tabitha M. Hochscheid, for defendant, Ellenbee Leggett Company

Jackson T. Moyer, for defendant, Matrix Acquisition

Yale R. Levy, for defendant, Advantage Assets, II, Inc.

J.P. Mortgage Chase Bank, defendant Sysco Food Service of Cincinnati, defendant Amex Centurion Bank, defendant Citibank, defendant

OPINION

M. POWELL, J.

{¶ 1} Defendant-appellant, Roger Fangman, appeals a decision of the Clermont County Court of Common Pleas granting plaintiff-appellee, CitiMortgage, Inc., a default judgment in a foreclosure action.

{¶ 2} On January 30, 2012, CitiMortgage filed a foreclosure complaint against Fangman and his wife.[1] Fangman did not file an answer to the complaint. CitiMortgage moved for summary judgment on September 21, and for default judgment on October 5. On November 1, counsel for Fangman entered an appearance in the case and moved for leave to file an answer to CitiMortgage's motion for summary judgment out of time. Fangman's motion for leave was granted by the trial court. On November 21, Fangman filed an answer to CitiMortgage's motion for summary judgment. The record indicates a summary judgment hearing was held on December 17.

{¶ 3} On January 21, 2013, Fangman filed a motion for mediation which was denied by the trial court. On February 8, CitiMortgage once again moved for default judgment. Fangman was served with a copy of the motion by CitiMortgage via ordinary mail. On February 19, 2013, the trial court granted CitiMortgage's motion for default judgment, entered a judgment in favor of CitiMortgage in the amount of $139, 701.94, and ordered the sale of the property.

{¶ 4} Fangman now appeals, raising one assignment of error:[2]

{¶ 5} THE TRIAL COURT ABUSED ITS DISCRETION WHEN IT ENTERED DEFAULT JUDGMENT AGAINST MR. FANGMAN, HOLDING HE WAS IN ...


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