CitiMORTGAGE, INC. v. CARPENTER

Appellate No. 24741.

2012 Ohio 1428

CitiMORTGAGE, INC., Plaintiff-Appellee, v. SHIRLEY J. CARPENTER, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on March 30, 2012.


Attorney(s) appearing for the Case

THOMAS L. HENDERSON , Atty. Reg. #0039789, Lerner, Sampson & Rothfuss, LPA, Post Office Box 5480, Cincinnati, Ohio 45201-5480, Attorney for Plaintiff-Appellee, CitiMortgage, Inc.

GEORGE PATRICOFF , 301 West Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Defendant-Appellee, Montgomery County Treasurer.

ANDREW D. NEUHAUSER , Atty. Reg. #0082799, Advocates for Basic Legal Equality, Inc., 525 Jefferson Avenue, Toledo, Ohio 43604 and LAUREN E. DRESHMAN , Atty. Reg. #0085028, Advocates for Basic Legal Equality, Inc., 333 West First Street, Suite 400-B, Dayton, Ohio 45402, Attorneys for Defendant-Appellant, Shirley J. Carpenter.


OPINION

FAIN, J.

{¶ 1} Defendant-appellant Shirley J. Carpenter appeals from a judgment of foreclosure rendered in favor of plaintiff-appellee CitiMortgage, Inc. Carpenter first contends that a genuine issue of material fact exists regarding whether CitiMortgage provided a proper non-approval notice under the federal Home Affordable Modification Program (HAMP) before filing its foreclosure action. Carpenter argues that CitiMortgage's failure...

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