JPMorgan Chase Bank v. Loseke

Citations

• 2023 Ohio 1893

Syllabus

Foreclosure R.C. 5301.233 R.C. 2329.44 distribution of post-sale excess funds Civ.R. 60(B). The mortgagee bank failed to timely submit a motion for reimbursement of advances pursuant to the decree of foreclosure. It then failed to appeal the trial court's order confirming the sale. The Civ.R. 60(B) motion for relief from judgment ultimately filed by the bank was an improper substitute for a timely appeal under the circumstances of this case. The trial court abused its discretion in granting relief from judgment under Civ.R. 60(B) and erred in denying the mortgagor's motion for distribution of excess funds pursuant to R.C. 2329.44.