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WELLS FARGO BANK, N.A. v. SMITH

No. 2010-T-0051.

2012 Ohio 1672

WELLS FARGO BANK, NA, Plaintiff-Appellee, v. WILLARD SMITH, et al., Defendant-Appellant.

Court of Appeals of Ohio, Eleventh District, Trumbull County.

April 16, 2012.

Attorney(s) appearing for the Case

Dale S. Smith and Scott A. King , Thompson Hine, L.L.P., 3900 Key Center, 127 Public Square, Cleveland, OH 44114; Jason P. Bichsel and Terry W. Posey, Jr. , Thompson Hine, L.L.P., 2000 Courthouse Plaza, N.E., P.O. Box 8801, Dayton, OH 45401-8801 (For Plaintiff-Appellee).

Maurus G. Malvasi , 11 Overhill Road, Lower Level, Youngstown, OH 44512 (For Defendant-Appellant).

OPINION

THOMAS R. WRIGHT, J.

{¶1} This appeal is from a final order of the Trumbull County Court of Common Pleas, in which summary judgment was granted in favor of appellee, Wells Fargo Bank, N.A., and a decree of foreclosure was issued as to the subject real estate. Appellant, Willard Smith, challenges the trial court's decision ordering foreclosure because he breached the terms of the mortgage regarding payment of an escrow item, namely...

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