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Federal National Mortgage Association v. DeMartin

Court of Appeals of Ohio, Tenth District

May 30, 2019

Federal National Mortgage Association et al., Plaintiffs-Appellees,
v.
Joan DeMartin, Defendant-Appellant.

          ON APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 17CV-8487.

         On brief:

          Reimer Law Co., Mike L. Wiery, and Katherine D. Carpenter, for appellees.

          Joan DeMartin, pro se.

         Argued:

          Joan DeMartin.

          Mike L. Wiery.

          DECISION

          McGRATH, J.

         {¶ 1} Defendant-appellant, Joan DeMartin, appeals from a judgment of the Franklin County Court of Common Pleas granting the motion for summary judgment of plaintiff-appellee, Federal National Mortgage Association ("Fannie Mae"). For the following reasons, we affirm the trial court judgment.

         I. Facts and Procedural History

         {¶ 2} On July 16, 2008, appellant borrowed $298, 595 from JPMorgan Chase Bank, N.A., ("Morgan Chase") and signed a note in which she agreed to repay the loan. The note was secured by a mortgage on the property located at 834 South Lazelle Street in Columbus. The loan was subsequently modified several times, resulting in a new balance of $334, 909.97, plus interest at 2 percent per annum from April 1, 2017, plus a deferred principal in the amount of $23, 000, plus advances for taxes and insurance. (Gauthier Aff. at ¶ 8.) On September 8, 2016, Morgan Chase assigned the mortgage to appellee. The servicing of the mortgage loan was transferred from Morgan Chase to Seterus, Inc. ("Seterus"), effective July 1, 2016.

         {¶ 3} On September 20, 2017, appellee filed a complaint for foreclosure contending that appellant was in default under the terms of the note and mortgage. Appellant had not cured the default and appellee had accelerated the remaining amount due. On November 28, 2017, appellee filed a motion for summary judgment. Appellant filed a response. The trial court granted the motion for summary judgment on February 23, 2018, ordering foreclosure and authorizing the sale of the property.

         {¶ 4} Appellant filed a Chapter 7 bankruptcy proceeding on May 3, 2018. The proceedings were stayed until this court was notified on September 18, 2018 that appellant's bankruptcy had been discharged.

         II. ...


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