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BANK OF AM., N.A. v. MILLER

No. 2010-CA-60.

194 Ohio App.3d 307 (2011)

2011-Ohio-1403

BANK OF AMERICA, N.A., Appellee, v. MILLER et al., Appellants.

Court of Appeals of Ohio, Second District, Greene County.

Decided March 25, 2011.

Attorney(s) appearing for the Case

Lerner, Sampson and Rothfuss, Patricia Block , and Erin E. Bjerkaas , for appellee Bank of America.

Stephen K. Haller , Greene County Prosecuting Attorney, and Jonathan F. Hung , Assistant Prosecuting Attorney, for appellee Greene County.

Colette Carr , for appellee U.S. Bank.

Alan A. Biegel Co., L.P.A., and Alan A. Biegel , for appellants.

FAIN, Judge.

{¶ 1} Defendants-appellants, Stephen and Elsie Miller, appeal from a judgment of foreclosure rendered in favor of plaintiff-appellee, Bank of America, N.A. ("BOA"). The Millers contend that a genuine issue of material fact exists regarding whether BOA is the real party in interest entitled to judgment on the note and mortgage in question. The Millers also maintain that a genuine issue of material fact exists concerning whether BOA is...

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