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Bank of New York Mellon v. Roulston

Court of Appeals of Ohio, Eighth District, Cuyahoga

November 2, 2017

BANK OF NEW YORK MELLON, ET AL. PLAINTIFFS-APPELLEES
v.
THOMAS ROULSTON, III, ET AL. DEFENDANTS-APPELLANTS

         Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-14-832602

          ATTORNEYS FOR APPELLANTS Marc E. Dann William C. Behrens Emily White The Dann Law Firm Co., L.P.A.

          ATTORNEYS FOR APPELLEES For Bank of New York Mellon, Ryan F. Hemmerle John Rollin Tarter Carrie L. Davis Reisenfeld & Associates, Gregory A. Stout Reisenfeld & Associates, J. P. Morgan Chase Bank, NA f.k.a. Citizens Bank

          For Skoda Minotti Company Robert B. Weltman Weltman Weinberg & Reis Co., L.P.A.

          For Nottinghill Investment Advisers, Ltd. Bradley D. McPeek Lindhorst & Dreidame Co., L.P.A.

          Also Listed State of Ohio, Dept. of Taxation, Thomas Roulston, III

          BEFORE: Blackmon, J., Kilbane, P.J., and Stewart, J.

          JOURNAL ENTRY AND OPINION

          PATRICIA ANN BLACKMON, JUDGE

         {¶1} Christine L. King-Roulston ("Christine") appeals from the trial court's granting summary judgment to The Bank of New York Mellon[1] ("BONY") in this foreclosure case and assigns the following error for our review:

I. The trial court erred by granting a judgment of foreclosure based upon unreliable and unauthenticated hearsay evidence that did not qualify under the business records exception.

         {¶2} Having reviewed the record and pertinent law, we reverse and remand to the trial court. The apposite facts follow.

         {¶3} On October 26, 2006, Thomas Roulston, III ("Thomas") executed a note with Countrywide Home Loans, Inc. ("the Note") for $800, 000, plus interest. As security for the Note, Thomas and his wife Christine executed a mortgage on property located at 3950 Waterford Court in Beachwood, Ohio. Subsequently, the Note was endorsed to BONY. On May 1, 2010, Thomas defaulted on the note. On August 9, 2011, the mortgage was assigned to BONY by Mortgage Electronic Registration Systems, Inc. ("MERS"). On February 10, 2012, notice of default on the mortgage was sent to Thomas, and on October 10, 2013, notice of default on the mortgage was sent to Christine.

          {¶4} On September 11, 2014, BONY filed a foreclosure complaint against Thomas, Christine, and various alleged lien holders claiming an interest in the property. The complaint alleged that Thomas owed $892, 400.08, plus 4.5% interest per annum from April 1, 2010, and various fees on the Note.

         {¶5} On June 20, 2016, the magistrate issued a decision granting BONY'S summary judgment motion, and on August 8, 2016, the court issued an order adopting this decision. ...


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