Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

New York Community Bank v. Proster

Court of Appeals of Ohio, Eighth District, Cuyahoga

May 24, 2018

NEW YORK COMMUNITY BANK, PLAINTIFF-APPELLEE
v.
ALEX PROSTER, ET AL., DEFENDANTS-APPELLANTS

          JOURNAL ENTRY AND OPINION

          Civil Appeal from the Cuyahoga County Court of Common Pleas Case No.CV-15-848019

          BEFORE: Blackmon, P.J., Laster Mays, J., and Celebrezze, J.

          FOR APPELLANT Alex Proster, pro se.

          ATTORNEYS FOR APPELLEE James W. Sandy McGlinchey Stafford, P.L.L.C.

          Phillip C. Barragate, Ashlyn Heider, Jillian Henzler, Shapiro, Van Ess, Phillips and Barragate, Jeffrey Helms Lerner, Sampson, & Rothfuss P.O.

          PATRICIA ANN BLACKMON, PRESIDING JUDGE.

         {¶1} Defendant-appellant Alex Proster ("Proster") appeals from the confirmation of sale in the foreclosure action filed by New York Community Bank ("New York Bank"). Proster's pro se brief states that he lost his home after he was diagnosed with cancer and became unemployed. He complains that the appraisal issued in this matter was "fabricated, " and contains erroneous information. He also complains that after he attempted a short sale of the property, a "cease and desist order" erroneously prevented New York Bank from communicating directly with him. Finally, he complains that New York Bank's attorneys improperly ignored bills he submitted to them for payment of utilities and other expenses, and harassed him.

          {¶2} Having reviewed the record and relevant law, we affirm.

         {¶3} The record indicates that in 1999, Proster purchased a home in Mayfield Heights, and obtained a mortgage and promissory note in the amount of $77, 100. The record also indicates that in 2003, Proster took out a line of credit and second mortgage on the property. By September 2011, New York Bank was the holder of the notes and assignee of the mortgages. The parties modified the terms of the 1999 note to provide for lower step-interest rates to repay the amount then due, $64, 090.

         {¶4} New York Bank filed this matter in July 2015, alleging that Proster was in default of payment of the 1999 note, accelerating the balance, $59, 427, plus interest and costs. The record indicates that Proster was served with the complaint at his Mayfield Heights home.

         {¶5} In September 2015, New York Bank filed a motion for a default judgment. Several days later, Proster obtained leave of court to file a short, pro se answer in which he asked the court to refer the matter to mediation. Proster appeared for the default hearing and informed the court that he was working on obtaining a loan modification. Several weeks later, the bank filed a motion for summary judgment that was unopposed. In February 2016, the magistrate issued a decision determining that there were no genuine issues of material fact and that New York Bank was entitled to foreclosure of the 1999 note and mortgage as a matter of law. The decision further indicated that New York Bank had advanced various sums including payment of insurance and other expenses that were added to the first mortgage lien. The 2003 second mortgage was also deemed a valid and subsisting lien on the parcel from which New York Bank was entitled to $42, 836, plus interest. Proster did not file objections to the magistrate's report, and it was adopted by the trial court on March 25, 2016. Proster did not appeal the order of foreclosure that was a final order.

          {¶6} On April 14, 2016, the property was appraised at $75, 000, and the matter was scheduled for sheriffs sale. In May 2016, Proster filed a motion to stop or cancel the sheriffs sale, alleging that he was attempting to sell the property in a short sale. This motion also set forth a "counterclaim, " filed out of rule, demanding $512, 000 in damages due to an erroneous "cease and desist" notice that New York Bank claimed it had received from Proster barring it from communicating directly with Proster for several months. He also complained that correspondence from the bank was erroneously directed to an address in Iowa, rather than his home in Mayfield Heights. He maintained that New York Bank was required to reimburse him for payment of his utility bills and other expenses.

         {¶7} In response to Proster's motion, New York Bank filed a motion for an order returning the order of sale without execution so that it could "review the loan for loss mitigation options, " and also moved to strike the counterclaim. The court granted these motions, and the sheriff was ordered to return the order of sale without execution.

         {¶8} By November 2016, the matter was again set for sheriffs sale to take place in December 2016. Proster filed a second motion to stop or cancel the sheriffs sale in which he listed various disputes with the appraisal and also detailed his ongoing ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.