Court of Appeals of Ohio, Eighth District, Cuyahoga
U.S. BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER OF FIRSTAR BANK, N.A. PLAINTIFF-APPELLEE
SHARON SANDERS, A.K.A. SHARON D. SANDERS, ET AL. DEFENDANTS-APPELLANTS
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEYS FOR APPELLANT Paul B. Bellamy William C. Behrens
Marc E. Dann Emily White The Dann Law Firm Co., L.P.A.
ATTORNEYS FOR APPELLEES For U.S. Bank, N.A., as Successor by
Merger of Firstar Bank, N.A. Matthew A. Taulbee Gerner &
Kearns Co., L.P.A. Ethan Hill Gerner & Kearns Co., L.P.A.
Matthew J. Richardson Manley, Deas & Kochalski, L.L.C.
Jennifer Schaeffer Lerner, Sampson & Rothfuss
Wells Fargo Bank, N.A. Scott A. King Terry W. Posey, Jr.
Thompson Hine, L.L.P. Richard A. Freshwater Thompson Hine,
City of Cleveland Heights, Ohio Cliff G. Babcock Reimer,
Arnovitz, Chernek & Jeffrey
State of Ohio Department of Taxation State of Ohio Department
of Taxation c/o Office of the Ohio Attorney General
BEFORE: Boyle, J., Kilbane, P.J., and McCormack, J.
JOURNAL ENTRY AND OPINION
J. BOYLE, JUDGE.
Appellant, Sharon Sanders ("appellant"), appeals
from the judgment entered by the Cuyahoga County Court of
Common Pleas that confirmed a sheriffs sale upon a foreclosed
property. Finding no merit to the appeal, we affirm.
Procedural History and Facts
On January 13, 2015, plaintiff-appellee, U.S. Bank, N.A., as
successor by merger of Firstar Bank, N.A. ("U.S.
Bank"), filed its complaint to recover the balance due
on a home equity line of credit ("HELOC") and to
foreclose a mortgage ("U.S. bank mortgage") against
847 Lecona Road, Cleveland Heights, Ohio 44121 (the
"property"), which secured its repayment.
The complaint named Sharon Sanders a.k.a. Sharon D. Sanders,
Wells Fargo Bank, N.A. ("Wells Fargo"), the state
of Ohio Department of Taxation ("ODOT"), the city
of Cleveland Heights, Ohio ("Cleveland Heights"),
and the unknown spouse of Sharon Sanders a.k.a. Sharon D.
Sanders as defendants. The complaint further acknowledged
that the Cuyahoga County Treasurer may claim an interest
based on real estate taxes and assessments, but did not make
the treasurer a party. All defendants were served with the
Cleveland Heights filed an answer to the complaint. Wells
Fargo filed an answer and cross-claim against appellant.
Despite being properly served, appellant did not file an
answer to U.S. Bank's complaint or Wells Fargo's
On September 25, 2015, U.S. Bank filed a motion for default
judgment. The trial court set a hearing on the default
judgment motion for October 29, 2015. Pursuant to the trial
court's order setting the ...