Federal National Mortgage Association et al., Plaintiffs-Appellees,
Joan DeMartin, Defendant-Appellant.
APPEAL from the Franklin County Court of Common Pleas C.P.C.
Law Co., Mike L. Wiery, and Katherine D. Carpenter, for
DeMartin, pro se.
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.
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
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.