QUICKEN LOANS, INC. Plaintiff-Appellee
BETTY JEAN JODLOWSKI, ET AL. Defendants-Appellants
from the Stark County Court of Common Pleas, Case No.
Plaintiff-Appellee: ASHLEY E. MUELLER JASON A. WHITACRE.
Defendants-Appellants: TIMOTHY D. MCKINZIE VINCENT E. SAWYER
Patricia A. Delaney, P.J., William B. Hoffman, J., Earle E.
Wise, Jr., Judes.
Defendant-Appellant Betty Jean Jodlowski appeals the May 24,
2017 judgment entry of the Stark County Court of Common
AND PROCEDURAL HISTORY
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.
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.
On March 2, 2016, Quicken Loans filed a complaint in
foreclosure against Jodlowski. Jodlowski filed an answer on
March 28, 2016.
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.
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.
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.
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 ...