U.S. Bank National Association, as Trustee for Ownit Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-4, Plaintiff-Appellee,
Ona H. Lewis a.k.a. Ona Lewis, Defendant-Appellant, James K. Lewis a.k.a. James Lewis et al., Defendants-Appellees.
APPEALS from the Franklin County Court of Common Pleas C.P.C.
McGlinchey Stafford, and Brooke Turner Bautista, for
Lewis, pro se.
1} Defendant-appellant, Ona H. Lewis, appeals from
an in rem judgment entry and decree of foreclosure and an
entry denying her request for relief from judgment of the
Franklin County Court of Common Pleas. For the following
reasons, we affirm.
Facts and Procedural History
2} In March 2006, Lewis borrowed $328, 000 from
Ownit Mortgage Solutions, Inc., and signed a note in which
she agreed to repay the loan. The note was secured by a
mortgage on the property located at 5820 Triplett Square in
New Albany, Ohio. The loan agreement was modified in January
2010, and November 2015. In January 2017, the mortgage was
assigned to U.S. Bank National Association, as Trustee for
Ownit Mortgage Loan Trust, Mortgage Loan Asset-Backed
Certificates, Series 2006-4 ("U.S. Bank").
3} In March 2017, U.S. Bank filed a complaint in
foreclosure in the trial court, alleging Lewis was in default
under the terms of the note and mortgage. In July 2017, the
trial court was notified that Lewis had filed for bankruptcy
protection, and it accordingly stayed the matter pending the
bankruptcy. In October 2017, and after the bankruptcy case
was dismissed, the trial court granted U.S. Bank's motion
to reactivate the foreclosure case. On November 3, 2017,
Lewis requested an extension of 60 days to respond to the
foreclosure complaint, citing the time necessary to retain
counsel. The trial court granted the extension request. The
trial court then granted U.S. Bank's request to extend
the deadline to file dispositive motions by 60 days. On
January 2, 2018, Lewis requested a second 60-day extension to
respond to the foreclosure complaint, citing her need to
retain new counsel. Two weeks later, the trial court granted
Lewis' second extension request, noting "[n]o
further extensions will be granted." (Jan. 16, 2018
Entry.) The trial court then granted U.S. Bank's request
to again extend the deadline to file dispositive motions by
60 days. On February 28, 2018, Lewis filed her answer to the
foreclosure complaint. On March 26, 2018, the trial court
amended the case schedule and set the dispositive motions
deadline for June 15, 2018. On June 11, 2018, Lewis filed a
request for extension of time to answer discovery questions,
to move or otherwise plead in response to the foreclosure
complaint, and to "adjust all other deadlines in this
case accordingly," for the stated reason that she needed
to retain new counsel. (Mot. at 3.)
4} On June 14, 2018, U.S. Bank moved for summary
judgment against Lewis and default judgment against
defendants BMI Federal Credit Union, James K. Lewis a.k.a.
James Lewis, Mortgage Electronic Registration Systems, Inc.
as nominee for Ownit Mortgage Solutions, Inc., New Albany
Links Homeowners Association, Inc., Northeast Dermatology,
and Unknown Spouse, if any, of Ona H. Lewis a.k.a. Ona Lewis.
On June 23, 2018, Lewis filed an "opposition to motion
for default judgment."
5} On June 28, 2018, the trial court filed an in rem
judgment entry and decree of foreclosure. The trial court
found that there is due and owing to U.S. Bank, on the note,
the principal balance of $324, 629.95 plus interest, and that
U.S. Bank is entitled to a finding of default upon the note
and in rem judgment. The court also found that Lewis is
immune from personal liability on the note by virtue of the
bankruptcy case and therefore U.S. Bank is not entitled to a
deficiency judgment. The trial court accordingly ordered the
sale of the property at a sheriffs sale.
6} On July 9, 2018, Lewis moved the court to vacate
and set aside the default judgment, vacate the summary
judgment entry, vacate the decree of foreclosure, and vacate
the denial of her motion for extension of time. The next day,
Lewis filed a notice of appeal from the trial court's in
rem judgment entry and decree of foreclosure. This appeal was
assigned case No. 18AP-550. Three days later, Lewis filed a
motion for a stay pending appeal. On August 16, 2018, the
trial court denied all of Lewis' post-judgment motions.
Lewis filed a timely notice of appeal from the entry denying
her various post-judgment motions. This appeal was assigned
case No. 18AP-703. On November 29, 2018, this court sua
sponte consolidated the appeals for the purposes of argument
Assignments of Error
7} In case No. 18AP-550, Lewis assigns the following
errors for our review:
1. The trial court abused its authority by denying Mrs.
Lewis' pro se motion for an extension of time which was
filed with good cause shown.
2. The trial court abused its authority by granting U.S.
Bank's motion for default judgment without a hearing, in
violation of ORCP Rule 55(A).
3. The trial court abused its authority by granting U.S.
Bank's motion for summary judgment without first filing a
motion for leave of the court, without a hearing, and without
ascertaining the controversial and non-controversial issues
of material facts ...