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Blisswood Village Home Owners Association v. Genesis Real Estate Holdings Group, L.L.C.

Court of Appeals of Ohio, Eighth District, Cuyahoga

June 28, 2018

BLISSWOOD VILLAGE HOME OWNERS ASSOCIATION PLAINTIFF-APPELLEE
v.
GENESIS REAL ESTATE HOLDINGS GROUP, L.L.C., ET AL. DEFENDANTS-APPELLANTS

          Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-15-853423

          ATTORNEY FOR APPELLANT Mark Novak

          ATTORNEYS FOR APPELLEES For Blisswood Village Home Owners Association Jason A. Whitacre Steven B. Potter Dinn, Hochman & Potter, L.L.C.

          For Cuyahoga County Fiscal Officer and Cuyahoga County Treasurer Michael C. O'Malley Cuyahoga County Prosecutor BY: Anthony J. Giunta Assistant Prosecuting Attorney Also Listed Dinardo Family Limited Partnership Dinardo Family Limited Partnership

          BEFORE: Kilbane, P.J., Stewart, J., and Keough, J.

          JOURNAL ENTRY AND OPINION

          MARY EILEEN KILBANE, PRESIDING JUDGE

         {¶1} Defendant-appellant, Genesis Real Estate Holdings Group, L.L.C. ("Genesis"), brings this appeal challenging the confirmation of the sale of real property in this foreclosure action instituted by plaintiff-appellee, Blisswood Village Home Owners Association ("Blisswood"). For the reasons set forth below, we dismiss this appeal as moot.

         {¶2} In October 2015, Blisswood filed the present foreclosure action against Genesis and other defendants holding or claiming an interest in a condominium located at 471 Clearview Drive, Unit B, in the city of Euclid, Ohio ("the property"). At the time Blisswood initiated the foreclosure action, Genesis was the record title owner of the property.

         {¶3} In March 2017, Blisswood moved for both default and summary judgment against Genesis. In April 2017, the magistrate issued a default judgment against Genesis, granted summary judgment in favor of Blisswood, and issued a decree of foreclosure on the property. In May 2017, the trial court adopted the magistrate's April 2017 decision and entered judgment against Genesis.

         {¶4} In July 2017, the property was sold at sheriffs sale to Blisswood, which the trial court confirmed in September 2017. In October 2017, Genesis filed its notice of appeal. In November 2017, the sheriff distributed the proceeds of the sale as ordered by the trial court in the decree of foreclosure. The record reflects that Genesis did not post a bond to stay execution of the trial court's judgment in foreclosure or the confirmation of the sale. In December 2017, Blisswood moved to dismiss the instant appeal, arguing the appeal is moot because the property has been sold and the proceeds of the sale have been distributed.

          {¶5} It is from the September 2017 order confirming the sale that Genesis appeals, raising the following two assignments of error for review:

Assignment of Error One
The trial court erred as a matter of law when it confirmed the [July 2017] foreclosure sale of the real property at issue because the court lacked subject matter jurisdiction over [Blisswood's] foreclosure action, therefore rendering all proceedings void, including the [May 2017 judgment ...

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