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JPMORGAN CHASE BANK, N.A. v. PELLIN

No. 10 MA 179.

2012 Ohio 1151

JPMORGAN CHASE BANK, N.A., PLAINTIFF-APPELLEE, v. VANESSA PELLIN, et al., DEFENDANTS-APPELLANTS.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: March 16, 2012.

Attorney(s) appearing for the Case

Atty. Thomas R. Merry , Atty. James H. Cannon , Barren & Merry, 110 Polaris Parkway, Suite 302, Westerville, Ohio 43082, for J.P.Morgan Chase Bank, N.A.

Atty. John N. Zomoida, Jr. , Anthony & Zomoida, LLC, Town One Square, 40 S. Main Street, Poland, Ohio 44514, for American Tax Funding.

Atty. Michael DeWine , Attorney General of Ohio, Atty. Amy Kaufman , Assistant Ohio Attorney General, Collections Enforcement Section, 150 E. Gay Street, 21st Floor, Cleveland, Ohio 43215, for State of Ohio, Dept. of Taxation.

Atty. Howard E. Mentzer , Mentzer and Mygrant, Ltd, 1 Cascade Plaza, Suite 1145, Akron, Ohio 44308, for Vanessa Pellin, Pellin Emergency Serv., Inc. and R and V Leasing Corp.

Atty. Michele L. McBride , Atty. Leonard D. Schiavone , Friedman & Rummell Co., L.P.A., City Centre One, Suite 300, 100 E. Federal Street, Youngstown, Ohio 44503, for Richard M. Pellin, Sr.

Atty. Kent W. Penhallurick , 400 United States Courthouse, 801 W. Superior Avenue, Cleveland, Ohio 44113, for United States of America.

Atty. Jason Butterworth , Atty. Ronald N. Towne , Brennan, Manna & Diamond, LLC, 75 E. Market Street, Akron, Ohio 44308, for Receiver.

Atty. J. Gerald Ingram , 7330 Market Street, Youngstown, Ohio 44512, Atty. J. Jeffery Lowenstein , 745 Medcorp. Drive, Toledo, Ohio 43608, for Med Corp., Inc.

Vanessa Pellin , Pro se, 10808 Akron-Canfield Road, Ellsworth, Ohio 44416, for Vanessa Pellin.

Cheryl L. Waite, Gene Donofrio, Joseph J. Vukovich, Judges.

OPINION

WAITE, P.J.

{¶ 1} Appellant American Tax Funding LLC ("ATF") appeals the judgment of the Mahoning County Court of Common Pleas overruling a motion to intervene in a foreclosure action. In the underlying case, JPMorgan Chase Bank, NA ("JPM Chase") commenced a foreclosure action on January 25, 2006, against property located at 10808 Akron-Canfield Road in Mahoning County. ATF held delinquent tax certificates on the property that it...

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