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BANK OF NEW YORK v. ELLIOT

Nos. 97506 and 98179.

2012 Ohio 5285

BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET BACKED CERTIFICATES, SERIES 2004-12, PLAINTIFF-APPELLEE, v. DAVID M. ELLIOT, ET AL., DEFENDANTS-APPELLANTS.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Released and Journalized: November 15, 2012.

Attorney(s) appearing for the Case

David M. and Marina K. Elliot, pro se, 1461A 1st Avenue, Suite 265, New York, NY 10065, for Appellants.

Timothy R. Billick , Ted A. Humbert , Laura C. Infante , Law Offices of JoJason A. Whitacrehn D. Clunk Co., L.P.A., 4500 Courthouse Blvd., Suite 400, Stow, OH 44224, for Bank of New York, David T. Brady , Kirk W. Liederbach , Maureen C. Zink , Law Office of Brady, Liederbach & Associates, 27 N. Wacker Drive, Suite 503, Chicago, IL 60606, Nicholas J. Cardinal , Mark A. Schwartz , Schwartz & Associates, LLP, 27 North Wacker Drive, Suite 503, Chicago, IL 60606, for Aeon Financial, LLC, Attorneys for Appellees.

BEFORE: Keough, J., Stewart, P.J., and Rocco, J.

JOURNAL ENTRY AND OPINION

KATHLEEN ANN KEOUGH, J.

{¶1} Defendants-appellants David M. and Marina Elliot appeal from the trial court's judgments that adopted the magistrate's decision ordering foreclosure and denied their Civ.R. 60(B) motion for relief from judgment. For the reasons that follow, we affirm.

Background

{¶2} On August 22, 2008, plaintiff-appellee Bank of New York, as Trustee for the Certificateholders...

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