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Keogh v. Invest in Ohio.com, LLC

Court of Appeals of Ohio, Fifth District, Stark

May 21, 2018

JAMES F. KEOGH Plaintiff-Appellee
v.
INVEST IN OHIO.COM, LLC AKA INVEST IN OHIO.COM ET AL. Defendants-Appellants

          Appeal from the Stark County Common Pleas, Case No. 2017CV00365

          For Appellee LANCE D. GILL

          For Appellants DANIEL S. WHITE

          Hon. John W. Wise, P.J. Hon. W. Scott Gwin, J. Hon. William B. Hoffman, J.

          OPINION

          HOFFMAN, J.

         {¶1} Appellants Invest in Ohio.com, LLC aka Invest in Ohio.com (hereinafter "Invest") and Danielle G. Hayduk appeal the summary judgment of foreclosure entered against them by the Stark County Common Pleas Court. Appellee is James F. Keogh.

         STATEMENT OF THE FACTS AND CASE

         {¶2} Between the dates of June 30, 2014, and January 14, 2016, Appellants entered into four loan transactions with Appellee, which were secured by four properties owned by Invest. The cognovit promissory notes Appellants executed were secured by mortgages on four properties owned by In-Touch. Appellant Danielle Hayduk was the sole member of the Invest Corporation, and guaranteed payment on each of the loans.

         {¶3} Appellants defaulted in the payments due under the cognovit notes. Under the terms of the notes, Appellants waived presentment and demand for payment, notice of dishonor, protest and notice of protest, and further confessed judgment in favor of Appellee under the cognovit terms of each note.

         {¶4} Appellee filed the instant action in foreclosure on February 21, 2017. The action set forth eight counts against the following properties:

Counts One and Two: 1115 Ardmore SW, Canton
Counts Three and Four: 3015 12th Street SW, Canton
Counts Five and Six: 3105 14th Street SW, ...

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