Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
APPELLANT Brian M. Slover, Sr., pro se.
ATTORNEYS FOR APPELLEE John E. Codrea Matthew P. Curry Ann M.
Johnson Matthew J. Richardson Justin M. Rich Manley, Deas
& Kochalski, L.L.C.
Cuyahoga County Clerk of Courts Nora Hurley Cuyahoga County
BEFORE: Keough, A.J., Boyle, J., and Blackmon, J.
JOURNAL ENTRY AND OPINION
KATHLEEN ANN KEOUGH, ADMINISTRATIVE JUDGE.
Defendant-appellant, Brian M. Slover, Sr., appeals the trial
court's decision denying his motion to vacate judgment.
Finding no merit to the appeal, we affirm the trial
In 2004, Slover and his wife, Celina, executed a mortgage on
their property at 6463 West 130th Street, Parma, Ohio, to
secure amounts due on a promissory note signed by Slover and
in favor of GreenPoint Mortgage Funding, Inc., as lender, and
Mortgage Electronic Registration Systems, Inc.
("MERS"), as mortgagee and nominee for the lender.
The mortgage and note were subsequently assigned to
plaintiff-appellee, Bank of New York Mellon
("Mellon") in May 2012. In May 2014, a corrective
assignment of mortgage was recorded.
In October 2014, Mellon commenced this foreclosure action as
a result of Slover's default under the terms of the note
and mortgage due to nonpayment. The complaint did not seek a
personal judgment against Slover because the note was
discharged in bankruptcy proceedings. Rather, Mellon sought
to enforce its security interest and recover from the sale of
the property the remaining principal amount due of $107, 000,
plus interest, applicable charges, and allowable expenses.
Although properly served with a copy of the complaint, Slover
did not file an answer. Accordingly, Mellon moved for default
judgment, and the motion was assigned to a magistrate for
consideration. Again, although properly served with notice of
the magistrate's hearing, Slover failed to appear.
Following a hearing, the magistrate entered an order of
foreclosure and sale of the property.
Slover did not file objections to the magistrate's
decision, and on February 10, 2016, the trial court issued an
order adopting the magistrate's decision and entering an
order of foreclosure and sale. In August 2016, Slover filed a
"claim for relief from judgment/motion to vacate
judgment" contending that the judgment is void because
Mellon had no standing to bring the action, and there was no
contractual agreement between him and Mellon. Specifically,
Slover maintained that he never received notice of the
assignment from Green Point to Mellon and thus, the
assignment was obtained by fraud.
The trial court treated Slover's motion as a Civ.R. 60(B)
motion to vacate and denied the motion, finding that Slover
failed to satisfy his burden of demonstrating that he is
entitled to relief. The court further noted that his motion
Slover now appeals,  raising the following four ...