Wells Fargo Bank, N.A. Appellee
Taffy L. Griffitts, et al. Appellant
Court No. CVE 20120494
Scott A. King and Richard A. Freshwater, for appellee.
Daniel L. McGookey, Kathryn M. Eyster, and Lauren McGookey, for appellant.
DECISION AND JUDGMENT
(¶ 1} Appellant, Billy Griffitts, appeals the order of the Huron County Court of Common Pleas, granting default judgment against him in a foreclosure action.
A. Facts and Procedural Background
(¶ 2} On October 28, 2003, appellant and his wife executed a promissory note, payment of which was secured by a mortgage in favor of The American Eagle Mortgage Corp. After the death of his wife, appellant used the social security checks his son received to make the mortgage payments. Unbeknownst to him, in January 2012, social security did not deposit the check and failed to deposit it for the following three months. It was then that appellant realized he was three months behind on his mortgage.
(¶ 3} On June 7, 2012, appellee, Wells Fargo Bank, N.A., filed a complaint seeking to recover the balance due on the promissory note and to foreclose the mortgage. Appellant failed to file an answer. Consequently, on August 28, 2012, Wells Fargo moved for default judgment. The trial court entered an order of default on September 20, 2012. This appeal ensued.
(¶ 4} Shortly thereafter, appellant requested that this court stay his appeal in order to a file a Civ.R. 60(B) motion for relief from judgment in the trial court. We granted the stay and remanded the case back to the trial court. Appellant filed his Civ.R. 60(B) motion, which the trial court denied. On February 15, 2013, we reinstated appellant's appeal. Notably, appellant did not amend his original notice of appeal to include the trial court's denial of his Civ.R. 60(B) motion, nor did he separately appeal the denial of his Civ.R. 60(B) motion.
B. Assignments of Error
(¶ 5} Appellant now raises one assignment of error:
1. The trial court erred in denying Griffitts' motion for relief from judgment and further erred when it failed ...