Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

U.S. Bank, National Association v. Sanders

Court of Appeals of Ohio, Eighth District, Cuyahoga

March 30, 2017

U.S. BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER OF FIRSTAR BANK, N.A. PLAINTIFF-APPELLEE
v.
SHARON SANDERS, A.K.A. SHARON D. SANDERS, ET AL. DEFENDANTS-APPELLANTS

         Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-15-838756

          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

          For Wells Fargo Bank, N.A. Scott A. King Terry W. Posey, Jr. Thompson Hine, L.L.P. Richard A. Freshwater Thompson Hine, L.L.P.

          For City of Cleveland Heights, Ohio Cliff G. Babcock Reimer, Arnovitz, Chernek & Jeffrey

          For 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

          MARY J. BOYLE, JUDGE.

         {¶1} 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.

         A. Procedural History and Facts

         {¶2} 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.

         {¶3} 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 complaint.

         {¶4} 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 cross-claim.

         {¶5} 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.