Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEY FOR APPELLANT Mark Novak
ATTORNEYS FOR APPELLEE Steven B. Potter Jared Klebanow Dinn,
Hochman & Potter, L.L.C.
Cuyahoga County Treasurer & Cuyahoga County Fiscal
Officer Michael C. O'Malley Cuyahoga County Prosecutor,
Anthony J. Giunta Assistant County Prosecutor
BEFORE: Kilbane, P.J., McCormack, J., and E.T. Gallagher, J.
JOURNAL ENTRY AND OPINION
EILEEN KILBANE, PRESIDING JUDGE
In this consolidated appeal, defendant-appellant, Genesis
Real Estate Holdings Group, L.L.C. ("Genesis"),
appeals from the trial court's orders of foreclosure and
confirmation of the sheriff's sale in this foreclosure
action instituted by plaintiff-appellee, Blisswood Village
Home Owners Association ("Blisswood"). For the
reasons set forth below, we dismiss Genesis's appeal from
the orders of foreclosure and confirmation of the sale as
moot and affirm the trial court's award of attorney fees
In October 2015, Blisswood instituted a foreclosure action
against Genesis and other defendants holding or claiming
interests in real property located at 430 Kenwood Drive, Unit
E, in the city of Euclid, Ohio ("the property").
Genesis was record title holder of the property. The
foreclosure complaint sought a decree of foreclosure against
the property and also sought a judgment in the amount $2,
900.96, plus interest, for unpaid monthly assessments for
common expenses as well as late fees and other charges,
including reasonable attorney fees, under R.C. 5311.18.
In October 2016, Blisswood moved for summary judgment. In
November 2016, the trial court granted summary judgment in
Blisswood's favor and entered a decree of foreclosure. In
December 2016, the trial court granted Blisswood's
unopposed motion for attorney fees under R.C.
5311.18(A)(1)(b) and awarded $5, 355.50 in attorney fees to
Blisswood. The trial court further ordered that the attorney
fees be paid from the proceeds of the sale. Later that same
month, Genesis filed its appeal from the decree of
The record reflects that Genesis did not request a stay of
the judgment of foreclosure. In January 2017, the property
was sold at sheriffs sale to Blisswood Village Reinvestment,
L.L.C. ("BVR"). In February 2017, the trial court
confirmed the sale, and in March 2017, the proceeds from the
sheriffs sale were distributed. In March 2017, Genesis
appealed the confirmation of the sale. The record further
reflects that Genesis did not seek a stay of the distribution
of the proceeds of the sale.
That same month, Blisswood moved to dismiss Genesis's
appeal from the order of foreclosure, relying on several
cases from this district for the proposition that
Genesis's appeal is moot because the property had been
sold and the proceeds of the sale distributed. See
Provident Funding Assocs., L.P. v. Turner, 8th Dist.
Cuyahoga No. 100153, 2014-Ohio-2529; Wells Fargo Bank,
N.A. v. Cuevas, 8th Dist. Cuyahoga No. 99921,
2014-Ohio-498; Beneficial Ohio, Inc. v. LaQuatra,
8th Dist. Cuyahoga No. 99860, 2014-Ohio-605; Bank of New
York Mellon v. Adams, 8th Dist. Cuyahoga No. 99399,
2013-Ohio-5572; Third Fed. S. & L. Assn. of Cleveland
v. Rains, 8th Dist. Cuyahoga No. 98592, 2012-Ohio-5708.
In April 2017, this court granted Blisswood's motion to
dismiss Genesis's appeal from the decree of foreclosure.
Later that month, Genesis, relying on this court's
decision in Fannie Mae v. Hicks, 2016-Ohio-8484, 77
N.E.3d 380 (8th Dist.), moved for reconsideration of the
dismissal. We granted Genesis's motion for
reconsideration. In June 2017, we consolidated Genesis's
appeals from the decree of foreclosure and the order
confirming the sheriffs sale.
Genesis now raises the following three assignments of error
for our review.
Assignment of Error One
The trial court erred as a matter of law when it granted
[Blisswood's] motion for summary judgment in foreclosure
because [Genesis] established a genuine issue of material
fact that the assessments underlying [Blisswood's] lien
were invalid enforcement assessments and that [Blisswood]
denied [Genesis's] statutory rights ...