BAC HOME LOANS SERVICING, L.P. v. HEIRS

No. 10AP-396.

2011 Ohio 1596

BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP, Plaintiff-Appellee, v. The Unknown Heirs, Devisees, Legatees, Executors, Administrators, Spouses and Assigns and the Unknown Guardians of Minor and/or Incompetent Heirs of Ralph E. Mowery aka Ralph E. Mowery et al., Defendants-Appellees, (Mowery Properties, Ltd., Defendant-Appellant).

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

Rendered on March 31, 2011.


Attorney(s) appearing for the Case

Lerner, Sampson & Rothfuss, and Patricia K. Block , for appellee BAC Home Loan Servicing, LP fka Countrywide Home Loans Servicing LP.

Allen Kuehnle Stovall & Neuman LLP, Richard K. Stovall , Rick L. Ashton , and Nicholas R. Barnes , for appellant.


DECISION

BROWN, J.

{¶ 1} This is an appeal by defendant-appellant, Mowery Properties, Ltd. ("appellant"), from an entry of the Franklin County Court of Common Pleas granting summary judgment, and a decree of foreclosure, in favor of plaintiff-appellee, BAC Home Loans Servicing, LP ("BAC").

{¶ 2} On November 29, 2005, Ralph E. Mowery ("Mowery"), as borrower, executed a note and mortgage agreement in the amount of...

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