SHUMAY v. LAKE CHATEAU, INC.

No. 81-938.

70 Ohio St. 2d 20 (1982)

SHUMAY, APPELLEE, v. LAKE CHATEAU, INC., ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 21, 1982.


Attorney(s) appearing for the Case

Mr. Jack Schulman and Mr. Eugene Symms, for appellee.

Oberholtzer, Filous & Chase Co., L.P.A., and Mr. Dale H. Chase, for appellants.


KEEFE, J.

The issue before us is a circumscribed one. Does confirmation of a judicial sale in a foreclosure proceeding require an actual hearing regardless of whether it is requested by a party? In holding for Shumay, the mortgagee, the Court of Appeals rationalized that the defendants (mortgagors) were entitled to an opportunity to question the sale proceedings at a hearing, but in effect waived a hearing by making no request. The Court of Appeals also placed reliance...

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