FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CV-2016-01-0052
J. SACERICH, Attorney at Law, for Appellant.
MEHLING GOOD and ERIKA R. FINLEY, Attorneys at Law, for
Appellee, Fairway Villas Condominium Association, Inc.
T. DEIGHTON, Attorney at Law, for Appellee, Huntington
National Bank. JOSEPH L. BEYKE, Attorney at Law, for
DECISION AND JOURNAL ENTRY
S. CALLAHAN JUDGE.
Appellant, Nellie Hunt, appeals from two judgment entries of
the Summit County Common Pleas Court distributing proceeds
from a foreclosure sale to Appellees, Huntington National
Bank ("Huntington") and Fairway Villas Condominium
Association, Inc. ("Fairway"). This Court dismisses
This case began with the filing of a foreclosure complaint by
Woods Cove III, LLC based on a delinquent tax certificate.
The complaint named Ms. Hunt, FirstMerit Bank, N.A.
("FirstMerit"), and Fairway as defendants along
with other defendants who are not relevant to the issues on
appeal. Summit Servicing Agency, LLC ("Servicing
Agency") was later substituted as the plaintiff based on
an assignment of the tax certificate.
Ms. Hunt filed an answer. FirstMerit and Fairway each filed
an answer and cross-claim. Servicing Agency moved for summary
judgment asserting that it had the first lien on the property
based on its tax certificate. Servicing Agency also moved for
default judgment against non-answering defendants. Fairway
moved for default judgment on its cross-claim against Ms.
Hunt and other non-answering defendants.
The trial court issued a judgment entry and decree of
foreclosure granting Servicing Agency's motions for
summary and default judgment. Within its decree of
foreclosure, the court found that FirstMerit and Fairway had
timely answered and cross-claimed asserting their interests
in the subject property, which were inferior to Servicing
Agency's interest. The court further found that
FirstMerit's and Fairway's "interests shall be
protected and afforded [their] proper priority upon any
A sheriff sale was held in March of 2017, and a third-party
purchaser bought the property. In April of 2017, the trial
court confirmed the sale. Within its confirmation entry, the
court ordered the release of various liens, including
FirstMerit's and Fairway's liens, "as they
relate only to the real estate herein." The court
further ordered the payment of taxes and various costs and
fees associated with the foreclosure and sale of the
property. Finally, the court ordered the clerk of courts to
hold the balance of the sale proceeds "pending further
order of the [c]ourt."
In June of 2017, Huntington "successor by merger
with" FirstMerit, Fairway, and Ms. Hunt each moved to
distribute the balance of the sale proceeds, or some portion
thereof, to themselves. Huntington and Fairway also filed
affidavits regarding the balance due to each of them. In two
separate judgment entries, the court ordered that the sale
proceeds be distributed to Huntington and Fairway. The trial
court also entered a deficiency judgment in favor of Fairway
against Ms. Hunt.
Ms. Hunt filed a Civ.R. 60(B) motion for relief from the
judgments distributing the proceeds to Huntington and
Fairway. In addition, she appealed from those judgments to
this Court. At no point did Ms. Hunt request a stay from the
trial court or this Court.
On appeal, Ms. Hunt raises ...