Surf City Investors, L.L.C. v. Lofti-Fard

Citations

• 2025 Ohio 1252

Syllabus

Home equity line of credit, note, mortgage, foreclosure action, action on account, Civ.R. 60(B), relief from judgment, excusable neglect, abuse of discretion, business records, hearsay, relevance, prejudice, Evid.R. 401, 403, 801, 803(3), and 901, authentication. Judgment affirmed. The trial court did not err when it determined that the case was a foreclosure action. Although a home equity line of credit operates similarly to a credit card, it is secured by a mortgage on property, which gives the lender the ability to foreclose on the property when the debtor defaults. Therefore, the plaintiff-lender was only required to prove the amount of principal and interest due, not a complete payment history with a beginning balance of zero, as appellants contended. Further, the evidence establishing the amount of principal and interest due was properly admitted under the business records exception. Finally, the trial court did not abuse its discretion when it granted plaintiff's motion for relief from judgment finding excusable neglect.