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JP Morgan Chase Bank v. Ritchey

Court of Appeals of Ohio, Eleventh District, Lake

May 14, 2018

JP MORGAN CHASE BANK AS TRUSTEE, ON BEHALF OF FIRST FRANKLIN MORTGAGE LOAN TRUST 2004-FF10 ASSET-BACKED CERTIFICATES, SERIES 2004-FF10, Plaintiff-Appellee,
v.
SAUNDRA M. RITCHEY, et al., Defendants-Appellants.

          Civil 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).

          A. Clifford Thorton, Jr. (For Defendants-Appellants).

          OPINION

          DIANE V. GRENDELL, J.

         {¶1} 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.

         {¶2} 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.

         {¶3} 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 property.

         {¶4} 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.

         {¶5} 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. 2014-L-089, 2015-Ohio-1606.

         {¶6} 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 17, 2017.

         {¶7} 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.

         {¶8} On August 23, 2017, JP Morgan filed a Motion to Confirm Sheriffs Sale.

         {¶9} 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.

         {¶10} The Ritcheys timely appeal and raise the following ...


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