BENEFICIAL OHIO, INC. v. PRIMERO, L.L.C.

Nos. C-040895 and C-060063.

166 Ohio App.3d 462 (2006)

2006-Ohio-1566

BENEFICIAL OHIO, INC., Appellant, v. PRIMERO, L.L.C., et al., Appellees.

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

Decided March 31, 2006.


Attorney(s) appearing for the Case

Wiles, Boyle, Burkholder & Bringardner Co., L.P.A., Michael L. Close, and Dale D. Cook, for appellant.

John L. McElwee, for appellee Primero, L.L.C.

Carlisle, McNellie, Rini, Kramer & Ulrich and Eric T. Deighton, for appellee Mortgage Electronic Registration Systems, Inc.


GORMAN, Judge.

{¶ 1} Plaintiff-appellant, Beneficial Ohio, Inc., appeals from the judgment of the trial court confirming the sheriff's sale of real property located at 11549 Lincolnshire Drive ("the property") and from an entry overruling a motion to vacate the sale. Because we find that Beneficial's right to due process was violated when defendant-appellee, Mortgage Electronic Registration Systems, Inc. ("MERS"), failed to notify Beneficial of the...

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