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ONE WEST BANK, FSB v. MILLER

No. 11CA013.

2011 Ohio 6467

One West Bank, FSB, Plaintiff-Appellee, v. James Miller, et al., Defendants-Appellants.

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

DATE OF JUDGMENT ENTRY: December 13, 2011.

Attorney(s) appearing for the Case

RICHARD J. LOLLI , JUSTINE S. GREENFELDER , Buckingham, Doolitle & Burroughs, LLP, 4518 Fulton Drive, N.W., P.O. Box 35548, Canton, Ohio 44735-5548, KEVIN L. WILLIAMS, ESQ. , Manley Deas, Kochalski, LLC, P.O. Box 165028, Columbus, Ohio 43216-5028, for Plaintiff-Appellee.

PAUL HERVEY, ESQ. , FRANK J. ROSE, JR., ESQ. , Fitzpatrick, Zimmerman & Rose Co., Ltd., 140 Fair Avenue, N.W., P.O. Box 1014, New Philadelphia, Ohio 44663, EDWIN H. BREYFOGLE, ESQ. , 108-3rd Street, N.E., Massillon, Ohio 44646, for Defendants-Appellants.

STEVE KNOWLING, ESQ. , Holmes County Prosecutor's Office, 164 E. Jackson Street, Millersburg, Ohio 44654, for Defendant.

Before: William B. Hoffman, P.J., Julie A. Edwards, J., Patricia A. Delaney, J.

OPINION

EDWARDS, J.

{¶1} Appellant, The Commercial & Savings Bank, appeals a judgment of the Holmes County Common Pleas Court finding that their lien is secondary to that of appellee OneWest Bank, FSB.

STATEMENT OF FACTS AND CASE

{¶2} In 2000, James and Rachel Miller purchased land in Sugarcreek, Ohio. Funding came in the form of a $140,000.00 loan from Farm Credit Services secured by a mortgage on...

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