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· 11/30/2023

U.S. Bank Natl. Assn., as Trustee v. Michaels

Citations

  • 2023 Ohio 4320

Syllabus

Foreclosure summary judgment Civ.R. 53(D)(3)(b)(i) objections untimely arguments waived mortgage validity signatures R.C. 1303.36(A) address executed rerecorded legal description. Affirmed the decision of the trial court that granted the motion for summary judgment of the plaintiff-appellee and entered an in rem judgment and decree of foreclosure against the defendants-appellants. Appellants' written objections to a magistrate's decision were untimely pursuant to Civ.R. 53(D)(3)(b)(i). The validity of appellants' signatures was admitted pursuant to R.C. 1303.36(A) the mortgage as originally recorded was executed by appellants and adequately described the property with its street address and there was no authority for invalidating the document merely because it was rerecorded with a corrected legal description attached.

Judges: S. Gallagher

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