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Quicken Loans, Inc. v. Jodlowski

Court of Appeals of Ohio, Fifth District, Stark

December 12, 2017

QUICKEN LOANS, INC. Plaintiff-Appellee
v.
BETTY JEAN JODLOWSKI, ET AL. Defendants-Appellants

         Appeal from the Stark County Court of Common Pleas, Case No. 2016CV00485

          For Plaintiff-Appellee: ASHLEY E. MUELLER JASON A. WHITACRE.

          For Defendants-Appellants: TIMOTHY D. MCKINZIE VINCENT E. SAWYER IV.

          Hon. Patricia A. Delaney, P.J., William B. Hoffman, J., Earle E. Wise, Jr., Judes.

          OPINION

          Delaney, P.J.

         {¶1} Defendant-Appellant Betty Jean Jodlowski appeals the May 24, 2017 judgment entry of the Stark County Court of Common Pleas.

         FACTS AND PROCEDURAL HISTORY

         {¶2} On January 18, 2011, Defendant-Appellant Betty Jean Jodlowski executed a Note and Mortgage in favor of Plaintiff-Appellee Quicken Loans, Inc. As part of the mortgage agreement, Quicken Loans maintained an escrow account on behalf of Jodlowski. The escrow account was funded by Jodlowski's monthly mortgage payments and Quicken Loans paid the property taxes on the mortgaged property.

         {¶3} On September 29, 2015, Quicken Loans notified Jodlowski she was in default of the terms of the Note and Mortgage. Jodlowski's last mortgage payment was on August 1, 2015. Jodlowski did not remedy the default.

         {¶4} On March 2, 2016, Quicken Loans filed a complaint in foreclosure against Jodlowski. Jodlowski filed an answer on March 28, 2016.

         {¶5} On July 11, 2016, Jodlowski filed an amended answer and asserted counterclaims for negligence and breach of contract. During the discovery process, it was discovered that Quicken Loans had failed to pay the property taxes due for the 2010 and 2011 tax years. The failure to pay the property taxes resulted in penalties and interest.

         {¶6} On December 30, 2016, Quicken Loans sent a letter to Jodlowski admitting it erroneously failed to pay the property taxes due for the 2010 and 2011 tax years. The letter stated upon discovery of the error, Quicken Loans paid the due and owing property taxes for the 2010 and 2011 tax years with the funds from Jodlowski's escrow account. Upon a review of the escrow account, however, Quicken Loans determined that funds from the escrow account were used to pay the resulting penalties and interest in the amount of $356.02. Quicken Loans stated this was in error and remitted a check in the amount of $356.02 to Jodlowski.

         {¶7} Quicken Loans filed a motion for summary judgment on February 21, 2017. In its motion, Quicken Loans stated it was entitled to judgment as a matter of law on its complaint and the counterclaims raised by Jodlowski. Jodlowski did not respond to the motion for summary judgment and the trial court granted the judgment in favor of Quicken Loans on March 16, 2017. The decree in foreclosure was issued on March 27, 2017.

         {¶8} Jodlowski filed a motion for relief from judgment on March 23, 2017 and an amended motion for relief from judgment on April 21, 2017. In her motion, she argued her failure to respond to Quicken Loan's motion for summary judgment was due to excusable neglect. Her attorney did not receive the motion due to an error in office filing. Jodlowski also contended she had a meritorious claim to present against Quicken Loans. She stated she had a viable claim ...


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