Huntington Natl. Bank v. R Kids Count Learning Ctr., L.L.C.

Citations

• 2017 Ohio 7837
• 97 N.E.3d 1228

Syllabus

Holder of leasehold mortgage who had commenced foreclosure action against lessee/mortgagor could not invoke lis pendens to impair right of fee owner/lessor to terminate the lease, because contractual right to terminate lease was acquired prior to commencement of foreclosure action. Trial court properly granted default judgment in favor of fee owner/lessor against lessee/mortgagor who failed to answer or appear, but erred in holding that mortgagee could foreclose and obtain sale of leasehold interest despite termination of lease. Once leasehold terminated, mortgage interest was entirely extinguished.