Christine M. Houtz, Administratrix of the Estate of Susan Marie Clowtis Appellee
Christine M. Houtz, et al. Defendant PHH Mortgage Corporation-Appellant and Mathew T. Crane, Administrator of the Estate of Leon Anthony Clowtis Appellee
Christine M. Houtz, et al. Defendant PHH Mortgage Corporation-Appellant
Court Nos. LS 2016 00003, LS 2016 00005
Jeffrey S. Ream and Sheree L. Studer, for appellee Christine
M. Houtz, Administratrix of the Estate of Susan Marie
D. Dolce, for appellee Mathew T. Crane, Administrator of the
Estate of Leon Anthony Clowtis.
J. Turer, for appellant.
DECISION AND JUDGMENT
1} Appellant, PHH Mortgage Corporation, appeals the
June 12 and July 18, 2017 judgments of the Huron County Court
of Common Pleas, Probate Division, denying its motions to
intervene. For the reasons that follow, we affirm.
2} Appellant sets forth the following assignment of
1. Appellant argues that the trial court erred when it found
Appellant PHH Mortgage Corporation was not entitled to
post-judgment intervention under Civ.R 24(A).
3} Susan and Leon Clowtis died in December 2015,
leaving behind real property ("the property")
located at 1518 Settlement Rd., Norwalk, Ohio 44857.
4} At that time, the property was encumbered by two
mortgages. The first mortgage instrument was recorded in
October 2012, and listed as lender was KeyBank National
Association, with an address of 1 Mortgage Way, Mount Laurel,
New Jersey 08054. Also listed in this first mortgage
instrument was Mortgage Electronic Registration Systems, Inc.
("MERS"), as mortgagee.
5} The second mortgage instrument was recorded in
June 2015. This mortgage instrument was not made part of the
record. However, a "judicial report, " issued based
on an examination of the record title by First American Title
Insurance Company, reveals that the second mortgage was
issued to KeyBank National Association, 4910 Tiedeman Rd.,
Suite C, Brooklyn, Ohio 44144.
6} On June 22, 2016, a complaint to sell real estate
was filed in case No. LS 16 00003, by Christine Houtz, the
administrator of the estate of Susan Clowtis. On July 5,
2016, virtually the same complaint was filed in case No. LS
16 00005, by Mathew Crane, the administrator for the estate
of Leon Clowtis. These complaints sought authorization to
sell the property, as both Susan and Leon had a half-interest
in the property.
7} Additionally, both complaints had instructions
for the clerk to serve KeyBank at its Mount Laurel, New
Jersey and Brooklyn, Ohio addresses. The deputy clerk
certified and provided proof the complaints were served at
both KeyBank locations. MERS was not served with the
8} On September 1, 2016, Christine Houtz as
administrator in case No. LS 16 00003 filed for default
judgment against KeyBank. The court granted default judgment
against KeyBank on September 2, 2016.
9} Mathew Crane, as administrator in case No. LS 16
00005, also filed for default judgment against KeyBank on
September 16, 2016. The court ...