Bank of New York Mellon v. Ettayem
2015 Ohio 4157
Ohio Ct. App.2015Background
- Bank of New York Mellon obtained summary judgment in foreclosure against Ashraf Ettayem for $437,928.85; this court previously affirmed that judgment.
- Delaware County sheriff summoned three disinterested freeholders to appraise the property pursuant to R.C. 2329.17; they appraised the property at $381,000 based on exterior view only.
- Ettayem submitted his own appraisal valuing the property at $493,000 (interior and exterior inspection) and moved to stay the sheriff sale; the trial court granted a stay conditioned on a supersedeas bond, which Ettayem did not post.
- The sheriff sold the property to the bank for $370,000. Ettayem moved to set aside the sale and objected to confirmation, arguing the sheriff’s appraisers failed to view the interior and the appraisal was inadequate.
- At the hearing Ettayem relied on his submitted appraisal but did not call the appraiser or produce an affidavit/authentication; the trial court denied the motion to set aside and confirmed the sale.
- On appeal, the court reviewed whether the trial court abused its discretion in denying relief based on alleged noncompliance with the "actual view" requirement and prejudice from an allegedly low appraisal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sheriff's sale should be set aside because the statutorily required "actual view" was not an interior inspection and the appraisal was therefore inadequate | Sheriff appraisal complied with statutory procedure; sale price exceeded defendant's proposed appraisal so no prejudice | Sheriff appraisers failed to enter property; interior inspection would have shown higher value and prejudiced sale | Court affirmed: no abuse of discretion. Failure to inspect interior is not per se reversible; defendant failed to prove prejudice or present authenticated competent appraisal evidence |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (appellate abuse-of-discretion standard)
- Cincinnati School Dist. Bd. of Edn. v. Hamilton Cty. Bd. of Revision, 936 N.E.2d 489 (Ohio 2010) (recognizing appraisal for foreclosure accounts for forced-sale nature)