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Summit Servicing Agency, LLC v. Hunt

Court of Appeals of Ohio, Ninth District, Summit

June 27, 2018

SUMMIT SERVICING AGENCY, LLC Plaintiff
v.
NELLIE L. HUNT Appellant & HUNTINGTON NATIONAL BANK Appellee & FAIRWAY VILLAS CONDOMINIUM ASSOCIATION, INC. Appellee

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CV-2016-01-0052

          THOMAS J. SACERICH, Attorney at Law, for Appellant.

          DARCY MEHLING GOOD and ERIKA R. FINLEY, Attorneys at Law, for Appellee, Fairway Villas Condominium Association, Inc.

          ERIC T. DEIGHTON, Attorney at Law, for Appellee, Huntington National Bank. JOSEPH L. BEYKE, Attorney at Law, for Plaintiff.

          DECISION AND JOURNAL ENTRY

          LYNNE S. CALLAHAN JUDGE.

         {¶1} 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 the appeal.

          I.

         {¶2} 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.

         {¶3} 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.

         {¶4} 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 judicial sale."

         {¶5} 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."

         {¶6} 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.

         {¶7} 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.

         {¶8} On appeal, Ms. Hunt raises ...


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