Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

U.S. Bank National Association v. Lewis

Court of Appeals of Ohio, Tenth District

July 25, 2019

U.S. Bank National Association, as Trustee for Ownit Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-4, Plaintiff-Appellee,
v.
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. No. 17CV-2738

         On brief:

          McGlinchey Stafford, and Brooke Turner Bautista, for appellee.

          Ona H. Lewis, pro se.

         Argued:

          Brooke Turner Bautista.

          Ona H. Lewis.

          DECISION

          LUPER SCHUSTER, J.

         {¶ 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.

         I. 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 and determination.

         II. 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.