Waker v. Lawson

Citations

• 170 N.E.3d 1264
• 2021 Ohio 1218

Syllabus

The trial court did not err in entering summary judgment in favor of appellee on appellant's foreclosure complaint and on appellee's counterclaims to quiet title and for slander of title. Because appellant failed to prove the existence of an underlying debt secured by his mortgage, he cannot prove a default and, therefore, cannot foreclose on the mortgage. The trial court correctly found that appellee was entitled to a decree of quiet title where appellant's mortgage and mechanic's lien were unenforceable. The invalid mortgage and mechanic's lien also supported the trial court's slander-of-title determination. Judgment affirmed.