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· 6/28/2018

Blisswood village home owners Assn. v. Genesis real estate holdings group, L.L.C.

Citations

  • 2018 Ohio 2519

Syllabus

Foreclosure confirmation of sale mootness party purchaser subject matter jurisdiction. Appeal from confirmation of foreclosure sale was moot because defendant-appellant failed to obtain a stay of the distribution of the proceeds of the sale. Thus, the judgment was satisfied and there was no live controversy before the court. Defendant-appellant's argument that Fannie Mae v. Hicks, 2016 Ohio 8484, 77 N.E.3d 380 (8th Dist.), created an exception to the mootness doctrine was unpersuasive. The foreclosing plaintiff's purchase of the property did not negate defendant-appellant's failure to file an appeal from the foreclosure order or its subsequent failure to obtain a stay of the distribution of the proceeds of the sheriff's sale of the property.

Judges: Kilbane

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