HSBC Bank USA, Natl. Assn. v. Banks

Citations

• 2022 Ohio 3044

Syllabus

Confirmation of sale foreclosure default judgment 12 C.F.R. 1024.41 promissory estoppel unclean hands appraisal. Appellant failed to appeal from the final decree of foreclosure and therefore has waived the issues with the decree he now raises. Nonetheless, the issues are without merit. The default judgment taken against him was proper because he was served with a copy of the foreclosure complaint, he failed to file an answer throughout the pendency of the action, and a copy of the motion for default and hearing notice were served on him 14 days prior to the hearing. Appellant failed to perform under an agreement on a loss mitigation option and therefore appellee did not violate 12 C.F.R. 1024.41 in pursuing foreclosure. Appellant failed to raise the affirmative defenses of promissory estoppel and unclean hands at the trial-court level and the issues he raises relative to them are waived on appeal. Appellant failed to object to any alleged irregularities with the appraisal despite having ample opportunity to do so.