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CitiMORTGAGE, INC. v. ELIA

C.A. No. 25482.

2011 Ohio 2499

Citimortgage, Inc., Appellee, v. Ziad F. Elia, et al., Appellants.

Court of Appeals of Ohio, Ninth District, Summit County.

Dated: May 25, 2011.

Attorney(s) appearing for the Case

Margaret A. McDevitt , and Julius P. Amourgis , Attorneys at Law, for Appellants.

Gregory D. Brunton , Attorney at Law, for Appellee.

Erin M. Laurito , Attorney at Law, for Appellee.

DECISION AND JOURNAL ENTRY

WHITMORE, Judge.

{¶1} Defendant-Appellants, Ziad F. Elia and Holley E. Elia ("the Elias"), appeal from the judgment of the Summit County Court of Common Pleas, granting summary judgment in favor of Plaintiff-Appellee, CitiMortgage, Inc. ("CitiMortgage"). This Court reverses.

I

{¶2} On September 30, 2003, the Elias executed a mortgage and a note in the amount of $61,600 in favor...

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