· 10/17/2024

Wells Fargo Bank, Natl. Assn. v. Doberdruk

Citations

  • 2024 Ohio 5007

Syllabus

Foreclosure; supersedeas bond; motion for stay; mootness doctrine; R.C. 2329.45. The foreclosure appeal was dismissed as moot. The appellant failed to obtain a stay because she did not post the required bond set by the trial court. Therefore, the property was sold, the sale was confirmed, and the proceeds were distributed. The appellant's argument that the appeal was not moot because R.C. 2329.45 provides a remedy when the property has been sold is without merit because R.C. 2329.45 applies only to appeals that were taken from the order confirming the sale, not from a decree of foreclosure and when an appellant successfully obtains a stay.

Judges: Sheehan

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