BANK OF NEW YORK MELLON v. ROARTY

No. 10-MA-42.

2012 Ohio 1471

BANK OF NEW YORK MELLON, PLAINTIFF-APPELLEE, v. RHONDA ROARTY, et al., DEFENDANTS-APPELLANTS.

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

Dated: March 26, 2012.


Attorney(s) appearing for the Case

Attorney Andrew C. Clark , Attorney Edward M. Kochalski , P.O. Box 165028, Columbus, Ohio 43216-5028, for Plaintiff-Appellee.

Attorney Bruce M. Broyles , 164 Griswold Drive, Boardman, Ohio 44512, for Defendant-Appellant.

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


OPINION

DONOFRIO, J.

{¶ 1} Defendants-appellants, Rhonda and Mark Roarty, appeal from a Mahoning County Common Pleas Court judgment granting summary judgment in favor of plaintiff-appellee, The Bank of New York Mellon, on appellee's foreclosure complaint.

{¶ 2} On October 3, 2003, Rhonda executed and delivered a Promissory Note (Note) to Novastar Mortgage, Inc. (Novastar). The Note was secured by a mortgage on...

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