Court of Appeals of Ohio, Eleventh District, Lake
JP MORGAN CHASE BANK AS TRUSTEE, ON BEHALF OF FIRST FRANKLIN MORTGAGE LOAN TRUST 2004-FF10 ASSET-BACKED CERTIFICATES, SERIES 2004-FF10, Plaintiff-Appellee,
SAUNDRA M. RITCHEY, et al., Defendants-Appellants.
Appeal from the Lake County Court of Common Pleas, Case No.
06 CF 001121.
Charles V. Gasior and Laura C. Infante, Clunk, Paisley, Hoose
Co. (For Plaintiff-Appellee).
Clifford Thorton, Jr. (For Defendants-Appellants).
V. GRENDELL, J.
Defendants-appellants, Saundra and William Ritchey, appeal
from the judgment of the Lake County Court of Common Pleas,
confirming the sheriffs sale of their property and ordering
distribution of the proceeds. The issues before this court
are whether the trial court erred by confirming a sheriffs
sale when notice of the sale was mailed to the defendants and
is published in a newspaper and where the appraisal was
completed by three disinterested parties and the property
sold in excess of said appraisal. For the following reasons,
we affirm the judgment of the court below.
On May 15, 2006, appellee, JP Morgan, as Trustee on behalf of
the First Franklin Mortgage Loan Trust, filed a Complaint in
the Lake County Court of Common Pleas against the Ritcheys,
seeking a money judgment, a Decree of Foreclosure, and an
Order of Sale for the subject premises, located in Mentor,
Ohio. The Complaint alleged that the Ritcheys were in default
on a Note and owed $240, 143.77.
Following the filing of an Answer and motions, the court
issued a Judgment Decree in Foreclosure and Corresponding
Order of Sale on October 19, 2006, entering summary judgment
in favor of JP Morgan and ordering foreclosure of the
This court affirmed the Decree in Foreclosure on August 17,
2007, in JP Morgan Chase Bank v. Ritchey, 11th Dist.
Lake No. 2006-L-247, 2007-Ohio-4225, since there was no
genuine issue of material fact. Id. at ¶ 36.
Following that appeal, the sale of the property was delayed
by various issues, including multiple stays due to bankruptcy
proceedings. On July 22, 2014, the Ritcheys filed a Motion to
Set Aside Judgment, pursuant to Civ.R. 60(B), which the trial
court denied. That decision was affirmed by this court in
JP Morgan Chase Bank v. Ritchey, 11th Dist. Lake No.
Following additional delays, on May 16, 2017, JP Morgan filed
a Praecipe for Twelfth Pluries Order of Sale Without
Reappraisal. It filed a Notice of Sheriffs Sale on June 22,
2017, giving notice that the sale would take place on July
A Sheriffs Return was filed on July 24, 2017, which stated
that the sheriff advertised the sale in the News-Herald
newspaper for three consecutive weeks prior to the sale.
Attached was an affidavit of publication from an agent of the
News-Herald, stating that notice had been published on June
9, 16, and 23, 2017. The Return indicated that the sale was
held on July 17, 2017, and that JP Morgan bid the sum of
$226, 556, purchasing the property.
On August 23, 2017, JP Morgan filed a Motion to Confirm
The court issued a Judgment Entry Confirming Sheriffs Sale
and Ordering Distribution on September 14, 2017, approving
the sale and setting forth the distribution of proceeds.
The Ritcheys timely appeal and raise the following ...