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NATL. CITY BANK v. WELCH

No. 09AP-1203.

188 Ohio App.3d 641 (2010)

2010-Ohio-2981

NATIONAL CITY BANK, Appellee, v. WELCH, Admn., et al., Appellants.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided June 29, 2010.

Attorney(s) appearing for the Case

Weltman, Weinberg & Reis Co., L.P.A., Stephen A. Santangelo , and Angela Coriell , for appellee.

Joseph Colburn Jr. , for appellant Mary Welch.

Ron O'Brien , Franklin County Prosecuting Attorney, and Adria Fields , Assistant Prosecuting Attorney, for appellant Franklin County Treasurer.

Charles Bendig , for appellant Tarry Gullett.

TYACK, Presiding Judge.

{¶ 1} Appellant Tarry Gullett appeals from the Franklin County Court of Common Pleas decision granting summary judgment to appellee, National City Bank, in this foreclosure action. Gullett is not the mortgagor and, in fact, has no present possessory interest in the real property at issue. However, the recorded deed to the property contains a restriction granting Gullett a right of first refusal (a.k.a. preemptive right) to...

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