HSBC BANK USA v. SCACCHI

No. 2012-G-3062.

2012 Ohio 5441

HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2006, FREMONT HOME LOAN TRUST 2006-D, Plaintiff-Appellee, v. MICHELLE SCACCHI, et al., Defendants-Appellants, THE UNITED STATES OF AMERICA, et al., Defendants-Appellees.

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

November 26, 2012.


Attorney(s) appearing for the Case

Dean Kanellis , Keith D. Weiner & Associates Co., L.P.A., 75 Public Square, 4th Floor, Cleveland, OH 44113 (For Plaintiff-Appellee).

James R. Douglass , James R. Douglass Co., L.P.A., 20521 Chagrin Boulevard, Suite D, Shaker Heights, OH 44122-9736 (For Defendants-Appellants).

Marlon A. Primes , Office of the U.S. Attorney, 801 W. Superior Avenue, Suite 400, United States Courthouse, Cleveland, OH 44113 (For Defendants-Appellees, The United States of America and The United States of America U.S. Department of Justice).

David P. Joyce , Geauga County Prosecutor, and Bridey Matheney , Assistant Prosecutor, Courthouse Annex, 231 Main Street, Chardon, OH 44024 (For Defendant-Appellee, Treasurer of Geauga County).


OPINION

TIMOTHY P. CANNON, P.J.

{¶1} Appellants, Michelle and Richard F. Scacchi, appeal the judgment of the Geauga County Court of Common Pleas denying their Civ.R. 60(B) motion seeking relief from a default judgment, which resulted in foreclosure of their real property. For the reasons that follow, the judgment is affirmed.

{¶2} On August 6, 2010, appellee, HSBC Bank USA National Association ("HSBC"), filed a...

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