AURORA LOAN SERVICES, L.L.C. v. WILCOX

C.A. Case No. 2009 CA 9.

2009 Ohio 4577

Aurora Loan Services, LLC, Plaintiff-Appellee, v. Michael Wilcox, et al., Defendants-Appellants,

Court of Appeals of Ohio, Miami County.

Rendered on September 4, 2009.


Attorney(s) appearing for the Case

Rick D. Deblasis, Atty. Reg. No. 0012992 and Chris Markus, Atty. Reg. No. 0081221, 120 E. Fourth Street, Suite 800, Cincinnati, Ohio 45202, Attorneys for Plaintiff-Appellee.

Alan J. Statman, Atty. Reg. No. 0012045 and Jeffrey P. Harris, Atty. Reg. No. 0023006, and W. Kelly Lundrigan, Atty. Reg. No. 0059211, 3700 Carew Tower, 441 Vine Street, Suite 3700, Cincinnati, Ohio 45202 and Hannah W. Hutman, Atty. Reg. No. 0081022, 110 N. Main Street, Suite 1520, Dayton, Ohio 45402, Attorneys for Defendant-Appellant, Intervenor Thomas Noland.


OPINION

FROELICH, J.

{¶ 1} Thomas Noland, bankruptcy trustee for Michael Wilcox, (hereinafter referred to as "the Trustee"), appeals from a judgment of the Miami County Court of Common Pleas, which denied his motion to vacate a judgment of foreclosure against Wilcox.

{¶ 2} Because the trial court did not abuse its discretion in concluding that the Trustee had failed to set forth a meritorious...

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