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AURORA LOAN SERVS., LLC v. PHILLIPS

No. 10-CA-000021.

2011 Ohio 2954

Aurora Loan Services, LLC, Plaintiff-Appellee, v. Suzanna Phillips and Charles Phillips, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: June 16, 2011.

Attorney(s) appearing for the Case

KRISTI L. PALLEN , P.O. Box 968, 2450 Edison Blvd., Twinsburg OH 44087, for Plaintiff-Appellee.

GRACE DOBERDRUK , JAMES R. DOUGLASS , 20521 Chagrin Blvd., Ste. D, Shaker Heights, OH 44122, MARC E. DANN , 20521 Chagrin Blvd., Shaker Heights, OH 44122, for Defendant-Appellants.

Before: Hon. W. Scott Gwin, P.J., Hon. William B. Hoffman, J., Hon. Julie A. Edwards, J.

OPINION

GWIN, P.J.

{¶1} Defendants-appellants Suzanna and Charles D. Phillips appeal a judgment of the Court of Common Pleas of Knox County, Ohio, which confirmed the foreclosure sale of their home and ordered distribution of the proceeds. Appellants assign as error:

{¶2} "I. THE TRIAL COURT ERRED WHEN IT REFUSED TO VACATE THE AS VOID AB INITIO BECAUSE AURORA LOAN SERVICES, LLC NEVER HAD STANDING TO FORECLOSE....

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