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Wilmington Savings Fund v. Lautzenheiser

Court of Appeals of Ohio, Fifth District, Stark

June 14, 2019

WILMINGTON SAVINGS FUND Plaintiff-Appellee
v.
DONALD J. LAUTZENHEISER AKA DONALD JAY LAUTZENHEISER, ET AL Defendant-Appellant

          CHARACTER OF PROCEEDING: Appeal from the Court of Common Pleas Case No. 2015CV00789

          For Plaintiff-Appellee PHILLIP BARRAGATE ASHLYN HEIDER

          For Defendant-Appellant DAVID A. VAN GAASBEEK

          JUDGES: Hon. William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          WISE, EARLE, J.

         {¶ 1} Defendant-appellant Donald J. Lautzenheiser appeals the decision of the Stark County Court of Common Pleas grant of summary judgment to plaintiff-appellee Wilmington Savings Fund Society, FSB.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On April 16, 2015, Citizens Bank NA filed a complaint in foreclosure against appellant, alleging appellant had failed to make payments pursuant to his mortgage contract.

         {¶ 3} On May 20, 2015, counsel for appellant filed a notice of appearance and a motion for a 30-day extension of time to file an answer.

         {¶ 4} On May 21, 2015, the trial court granted counsel's motion for an extension of time until June 18, 2015. On May 26, 2015, the trial court referred the matter to the foreclosure mediation program and stayed proceedings pending the outcome of the mediation. Appellant filed his answer to the complaint on June 19, 2015.

         {¶ 5} On November 24, 2015, the report of the mediator was filed indicating the matter had not been settled as additional information was required from appellant. Appellant was given until December 7, 2015 to produce the documents, and mediation was rescheduled for January 21, 2016.

         {¶ 6} On January 21, 2016, the mediator filed a report indicating the matter was not settled as additional documentation was required. Mediation was again rescheduled for March 17, 2016.

         {¶ 7} On March 18, 2016, the mediator filed another report indicating the matter had not been settled as Citizen's Bank required statements from appellant regarding his pension benefits. Both parties desired to remain in mediation, but the matter was returned to the trial court for that determination. On April 11, 2016, appellant filed a motion for further mediation. On April 19, 2016, the trial court granted the motion, allowing for one additional mediation.

         {¶ 8} Mediation was scheduled for October 20, 2016, but was cancelled on October 19, 2016 because appellant's loan was transferred to a new provider, appellee here, Wilmington Savings Fund Society, FSB. Appellee's motion to substitute party was granted on November 11, 2017.

         {¶ 9} The case then sat for more than a year until January 31, 2018, when appellant filed a motion for further mediation due to substitution of party plaintiff. The motion was granted on February 28, 2018.

         {¶ 10} Mediation took place as scheduled on May 24, 2018. On May 25, the mediator filed a report indicating mediation had been ...


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