Ocwen Loan Servicing, L.L.C. v. Malish

Citations

• 2018 Ohio 1056
• 109 N.E.3d 659

Syllabus

The appealed foreclosure order is a final, appealable order. The award of lawful costs and expenses incurred to enforce the note and mortgage without a specific amount is ministerial and does not prevent the order from being final and appealable. The trial court did not err by overruling Appellants' motion to strike the payment histories attached to Appellee's affidavit supporting its motion for summary judgment. The documents were admissible under the business records hearsay exception in Evid.R. 803(6). The trial court did not err by rendering a summary judgment of foreclosure for Appellee. There is no genuine issue as to whether Appellee complied with the condition precedent to foreclosure that it send Appellants a written notice of default. And there is no genuine issue as to the amount of principal due. Judgment affirmed.