FLAGSTAR BANK F.S.B. v. DIEHL

No. 09 COA 034.

2010 Ohio 2860

Flagstar Bank F.S.B., Plaintiff-Appellee, v. Robert E. Diehl, et al., Defendants-Appellants.

Court of Appeals of Ohio, Fifth District, Ashland County.

DATE OF JUDGMENT ENTRY: June 21, 2010.


Attorney(s) appearing for the Case

Eric T. Deighton, Carlisle, McNellie, Rini, Kramer & Ulrich, 24755 Chagrin Boulevard, Suite 200, Cleveland, Ohio 44122, for Plaintiff-Appellee.

Josiah L. Mason, Mason, Mason & Kearns, Post Office Box 345, 153 West Main Street, Ashland, Ohio 44805, for Defendants-Appellants.

Before: W. Scott Gwin, P. J., John W. Wise, J., Patricia A. Delaney, J.


OPINION

WISE, J.

{¶1} Appellants Robert E. and Harriet R. Diehl appeal the decision of the Court of Common Pleas, Ashland County, which granted summary judgment and an order of foreclosure and sale in favor of Appellee Flagstar Bank, F.S.B. The relevant facts leading to this appeal are as follows.

{¶2} On May 12, 2004, appellants executed a promissory note and mortgage for $123,500.00, initially payable at an annual...

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