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Deutsche Bank National Trust Co. v. Taylor

Court of Appeals of Ohio, Ninth District, Summit

February 14, 2018

DEUTSCHE BANK NATIONAL TRUST COMPANY Appellee
v.
KENNETH S. TAYLOR, et al. Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CV-2007-11-8364

          KENNETH S. TAYLOR, pro se, Appellant.

          SHERRIE MIKHAIL MIDAY, Attorney at Law, for Appellee.

          DECISION AND JOURNAL ENTRY

          SCHAFER, PRESIDING JUDGE

         {¶1} Defendant-Appellant, Kenneth Taylor, appeals the judgment of the Summit County Court of Common Pleas. We affirm.

         I.

         {¶2} This is Taylor's fourth appeal in this matter.

In 2007, Mr. Taylor and his wife defaulted on a promissory note that was secured by a mortgage on property that they owned in Twinsburg. Deutsche Bank, which had been assigned the note and mortgage, subsequently filed a foreclosure action against the Taylors. Mr. Taylor counterclaimed, but the trial court granted Deutsche Bank summary judgment on its claims and Mr. Taylor's counterclaims. This Court upheld the award of summary judgment to Deutsche Bank on its claims and most of Mr. Taylor's counterclaims, and any claims that were not resolved by summary judgment have since been dismissed by the trial court. See Deutsche Bank Natl. Trust Co. v. Taylor, 9th Dist. Summit No. 25281, 2011-Ohio-435 [("Taylor I ")], Deutsche Bank Natl. Trust Co. v. Taylor, 9th Dist. Summit No. 26626, 2013-Ohio-4278 [("Taylor II ")].
On August 21, 2015, Deutsche Bank bought the Taylor's property at a sheriffs sale. Over Mr. Taylor's objection, the trial court confirmed the sale on December 10, 2015. Mr. Taylor * * * appealed, assigning ten errors.

Deutsche Bank Natl. Trust Co. v. Taylor, 9th Dist. Summit No. 28069, 2016-Ohio-7090, ¶ 2-3 ("Taylor III"). This Court affirmed. Id. at ¶ 20.

         {¶3} On January 18, 2017, the trial court entered an amended confirmation entry of sale and distribution of proceeds nunc pro tunc ("amended confirmation order"). The trial court stated in its journal entry that the amendment was for the sole purpose of correcting the conveyance fee. In response, Taylor filed the following four motions: (1) "Motion Objection to Amended Confirmation Entry of Sale and Distribution of Proceeds Nunc Pro Tunc Order"; (2) "Motion to set Aside Judgment Rule 60 Relief from a Judgement [sic] or Order"; (3) "Motion for Trespass to Try Title to Determine Title to Land in Dispute, Objection to Certificate of Title Change Property Securitization Analysis Report Certified Forensic Loan Audit/Affidavit"; and (4) "Motion to Strike Entry of Appearance of Counsel Chrissy Dunn as Co-Counsel for Plaintiff". The trial court subsequently denied all four motions in an order dated March 2, 2017.

         {¶4} Taylor filed this timely appeal, raising three assignments of error for our review.

         II.

         Assignment ...


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