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Woods Cove III, LLC v. Straight

Court of Appeals of Ohio, Tenth District

July 24, 2018

Woods Cove III, LLC, Plaintiff-Appellee,
v.
Harriet Straight, Defendant-Appellant, Robert K. Levy et al., Defendants-Appellees.

          APPEAL from the Franklin County Court of Common Pleas (C.P.C. No. 14CV-2759)

         On brief:

          Moore & Yaklevich, and John A. Yaklevich, for appellant.

          Lane Alton & Horst LLC, Dennis J Morrison, Jeffrey J. Madison, and Christopher B. Burch, for appellee PNC Bank National Association.

         Argued:

          John A. Yaklevich.

          Christopher B. Burch.

          DECISION

          BROWN, P.J.

         {¶ 1} Harriet Straight, defendant-appellant, appeals from the following four judgments of the Franklin County Court of Common Pleas: (1) a March 30, 2017 decision and entry granting in part the February 16, 2017 amended motion for relief from judgment filed by PNC Bank National Association ("PNC"), and denying appellant's February 13, 2017 motion to intervene, (2) an April 11, 2017 amended judgment entry and decree of foreclosure, (3) an April 18, 2017 amended judgment entry confirming sale and ordering deed and distribution, and (4) an April 26, 2017 order and judgment entry granting PNC's motion for an order instructing the clerk of courts to release funds.

         {¶ 2} On March 13, 2014, Woods Cove III, LLC ("Woods Cove"), the holder of two tax lien certificates, filed a complaint in foreclosure in the trial court on certain property, namely, 225 Fairway Boulevard, Columbus, Ohio 43213, owned by Robert K. Levy, defendant-appellee. The complaint also named as defendants the Franklin County Treasurer, Ohio Department of Taxation, the Internal Revenue Service, PNC, and any unknown spouse of Levy. PNC was the holder of two mortgages on the property, but Woods Cove omitted one of the mortgages from its pleadings. Woods Cove served the complaint on a local branch of PNC. PNC did not respond to the foreclosure complaint. On May 21, 2015, the trial court issued a judgment entry and decree of foreclosure, in which it found PNC was in default of answer.

         {¶ 3} On April 27, 2016, appellant obtained a money judgment against Levy, as well as others, in an unrelated complaint-on-cognovit-note action. On May 11, 2016, appellant obtained a certificate of judgment lien against Levy in that case.

         {¶ 4} On October 7, 2016, the property was sold at sheriffs sale.

         {¶ 5} On November 10, 2016, appellant filed a complaint for a creditor's bill against Levy to enforce her judgment against any net foreclosure sale proceeds in the present case. In the creditor's bill action, appellant and Levy entered into an agreed order on November 18, 2016, in which Levy agreed to an order that commanded the clerk of courts to hold the net foreclosure proceeds pending orders from that court. On November 29, 2016, the trial court entered the same agreed order as an order of the court.

         {¶ 6} The sale of the subject property was confirmed on November 22, 2016. However, PNC's unknown lien was not released on the sale of the property. Woods Cove was paid from the proceeds of the sale. There remained proceeds from the ...


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