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· 3/21/2024

M&T Bank v. Stewart

Citations

  • 241 N.E.3d 799
  • 2024 Ohio 1054

Syllabus

Summary judgment Civ.R. 25 death note foreclosure enforce in rem. - Trial court properly granted summary judgment in favor of the lender and ordered foreclosure on the property. The borrower's death during the proceeding and subsequent dismissal from the action pursuant to Civ.R. 25 did not affect the lender's ability to foreclosure under the mortgage. The lender did not need to receive a personal judgment on the note before enforcing the mortgage because the action continued solely for an in rem judgment.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying Walker to retaliation claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Keough

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.