Skip to main content
· 8/29/2024

WBL SPO I, L.L.C. v. D-V.I.P. Properties & Mgt. Group, L.L.C.

Citations

  • 2024 Ohio 3300

Syllabus

Foreclosure motion for relief from judgment Civ.R. 60(B) plain error. Trial court did not commit plain error in denying appellants' motion for relief from judgment under Civ.R. 60(B)(1), (3) or (5) based on appellants' alleged mistake in the \identity of the lender\ and appellee's alleged forgery of, or misrepresentations in, the mortgage acknowledgment and the \accounting\ appellee submitted to the trial court. Appellants admitted in their answer that they executed the note at issue, the error in the mortgage acknowledgment was evident from the face of the document, and the \accounting\ about which appellants complained was submitted by appellants, not appellee. Appellants failed to oppose appellee's motion for summary judgment on its foreclosure complaint, failed to file objections to magistrate's decision on summary judgment, failed to appeal the trial court's judgment granting summary judgment and ordering foreclosure, and failed to file objections to the magistrate's decision denying appellants' motion for relief from judgment.

Judges: E.A. Gallagher

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.