FIFTH THIRD BANK v. NCS MTG. LENDING CO.

No. C-050376.

168 Ohio App.3d 413 (2006)

2006-Ohio-571.

FIFTH THIRD BANK, Appellee, v. NCS MORTGAGE LENDING COMPANY ET AL., Appellants, et al.

Court of Appeals of Ohio, First District, Hamilton County.

Decided February 10, 2006.


Attorney(s) appearing for the Case

Mason, Schilling & Mason Co., L.P.A., Jonathan A. Mason, Joseph M. Ruwe, and Jeremy R. Mason, for appellee.

Shapiro & Felty, L.L.P., and John A. Polinko, for appellants.


MARK P. PAINTER, Judge.

{¶ 1} Defendant-appellant Bank One National Association, as trustee for the ARC 2001-BC6 trust, appeals the trial court's denial of its attempt to belatedly enter a foreclosure proceeding. Applying the age-old legal maxim snoozethloseth, we affirm.

I. Many Owners, but No Recordings

{¶ 2} Plaintiff-appellee, Fifth Third Bank, made commercial loans to Keesh Construction, Inc. The loans...

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