FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
LORAIN, OHIO CASE No. 12CV175335
J. GERLING, Attorney at Law, for Appellants.
C. INFANTE and JASON A. WHITACRE, Attorneys at Law, for
DECISION AND JOURNAL ENTRY
J. CARR, JUDGE.
Appellants, Joseph and Rebecca Chappell, appeal the judgment
of the Lorain County Court of Common Pleas. This Court
On February 21, 2012, Bank of New York Mellon filed a
foreclosure action against Joseph and Rebecca Chappell in the
Lorain County Court of Common Pleas. The action concerned the
property located at 17814 West Rd., Wellington, Ohio. In
addition to claims seeking recovery on the note and mortgage,
the complaint also included a claim for reformation of the
legal description of the property. After unsuccessfully
moving the trial court to dismiss the complaint, the
Chappells filed an answer as well as four counterclaims
against the Bank. The Chappells alleged that the Bank had
violated the Fair Debt Collection Practices Act and the
Consumer Sales Practices Act. The Chappells further alleged
counts of common law fraud and invasion of privacy by
intrusion upon seclusion.
The Bank filed a motion to dismiss the counterclaims. The
Chappells filed an opposition to the motion to dismiss and
the Bank replied thereto. A magistrate issued a decision
denying the motion to dismiss. The Bank filed timely
objections to the magistrate's decision. The Chappells
filed a brief in response to the objections. Thereafter, the
trial court issued a journal entry adopting the
magistrate's decision in part, but sustaining several of
the Bank's objections and granting the motion to dismiss
with respect to Chappell's claims for fraud and invasion
of privacy by intrusion upon seclusion. Subsequently, the
Bank obtained summary judgment against the Chappells on the
The matter proceeded to a trial before a magistrate on the
underlying foreclosure action. The Bank offered numerous
exhibits at trial in addition to the testimony of a custodian
of business records. Mr. Chappell testified on his own
behalf. On December 29, 2016, the magistrate issued a
decision granting judgment in favor of the Bank on its claims
relating to the note and mortgage. With respect to the
reformation claim, the magistrate determined that reformation
was unnecessary and that the property was adequately
described in the deed. In reaching its decision on the
underlying foreclosure, the magistrate noted that Mr.
Chappell's testimony lacked credibility given that his
testimony at trial contradicted his prior deposition
The Chappells filed numerous objections to the
magistrate's decision. On March 16, 2017, the trial court
issued a journal entry overruling the Chappells'
objections and adopting the magistrate's decision.
On appeal, the Chappells raise two assignments of error.