BANK OF NY MELLON TRUST CO., N.A. v. SHAFFER

No. 2011-G-3051.

2012 Ohio 3638

THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. f.k.a. THE BANK OF NEW YORK TRUST COMPANY, N.A., AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, f.k.a. JP MORGAN CHASE BANK, AS TRUSTEE-SURF-BC2, Plaintiff-Appellee, v. THERESA A. SHAFFER a.k.a. THERESA McFAUL, et al., Defendant-Appellant, GEAUGA COUNTY TREASURER, et al., Defendants-Appellees.

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

August 13, 2012.


Attorney(s) appearing for the Case

Matthew I. McKelvey , Lerner, Sampson & Rothfuss, P.O. Box 5480, Cincinnati, OH 45201 (For Plaintiff-Appellee).

Bill L. Purtell , Lerner, Sampson & Rothfuss, 120 East Fourth Street, Suite 800, Cincinnati, OH 45202 (For Plaintiff-Appellee).

James R. Douglass , James R. Douglass Co., L.P.A., 20521 Chagrin Boulevard, Ste. D, Shaker Heights, OH 44122 (For Defendant-Appellant).

David P. Joyce , Geauga County Prosecutor, Courthouse Annex, 231 Main Street, Chardon, OH 44024 (For Appellee-Geauga County Treasurer).

David W. Cliffe , 525 Vine Street, #800, Cincinnati, OH 45202 (For Appellee—The Huntington National Bank, Successor by Merger to Sky Bank).


OPINION

DIANE V. GRENDELL, J.

{¶1} Defendant-appellant, Theresa A. Shaffer, appeals the November 29, 2011 Judgment of the Geauga County Court of Common Pleas, denying her Motion for Relief from Judgment from a prior Judgment and Decree in Foreclosure. The issues before this court are: whether the trial court properly denied her Motion for Relief as untimely where a cross-claim remained pending; whether plaintiff-appellee, Bank of New York...

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