BAC HOME LOANS SERVICING, LP v. HENDERSON

No. 98745.

2013 Ohio 275

BAC HOME LOANS SERVICING, LP, PLAINTIFF-APPELLANT, v. DWAYNE R. HENDERSON, ET AL., DEFENDANTS-APPELLEES.

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

Released and Journalized: January 31, 2013.


Attorney(s) appearing for the Case

Matthew T. Anderson , Timothy M. Clayton, Jr. , Brett M. Renzenbrink , Luper Neidenthal & Logan, 50 West Broad Street, Suite 1200, Columbus, Ohio 43215, Attorneys for Appellant.

John Sherrod , Laura Mills , Paul Vincent , Mills, Mills, Fiely & Lucas, 503 South Front Street, Suite 240, Columbus, Ohio 43215, for Dwayne R. Henderson, Centurion Capital Corp, 700 King Farm Blvd, Rockville, Maryland 20850, for Centurion Capital Corp., Alishea T. Henderson , 5188 Spencer Road, Lyndhurst, Ohio 44124, for Alishea T. Henderson. St. Colman & Affiliates F.C.U., 6637 Lorain Avenue, Cleveland, Ohio 44102, for St. Colman & Affiliates F.C.U., Joseph T. Chapman , Collections Enforcement, 150 E. Gay Street, 21st Floor, Columbus, Ohio 43215, for State of Ohio Department of Taxation. Unknown Tenant, 5188 Spencer Road, Lyndhurst, Ohio 44124, for Unknown Tenant, Attorneys for Appellees.

BEFORE: Keough, J., Jones, P.J., and Blackmon, J.


JOURNAL ENTRY AND OPINION

KATHLEEN ANN KEOUGH, J.

{¶1} Plaintiff-appellant, BAC Home Loans Servicing ("BAC") appeals from the trial court's judgment that vacated a prior foreclosure decree against defendant-appellee, Dwayne R. Henderson ("Henderson"), and dismissed BAC's complaint without prejudice. For the reasons that follow, we reverse and remand.

I. Background

{¶2} In September 2009, BAC filed its...

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