Villas at E. Pointe Condominium Assn. v. Strawser

Citations

• 2019 Ohio 3554

Syllabus

The trial court erred in failing to consider whether to exercise its inherent discretion in considering appellant's motion for distribution of sale proceeds. Principles of equity permit a trial court to exercise its discretion by distributing funds to a mortgage holder even when the mortgage has been released where the mortgage holder has provided evidence that it is entitled to enforce the note. Judgment reversed and remanded for the trial court to determine the merit of appellant's claim to an equitable lien.