Beneficial Ohio, Inc. v. LaQuatra, 2014 Ohio 605

Beneficial Ohio filed an amended foreclosure complaint in August 2010 seeking judgment on a note and mortgage.
In July 2011, the trial court entered default judgment after LaQuatra failed to answer.
The property was sold in September 2011; the order of sale was returned three days later; the October 2011 confirmation decree was filed.
In March 2013, LaQuatra moved to vacate the order of sale arguing the foreclosure decree was not a final appealable order because damages were not fully determined.
The trial court denied the motion to vacate; LaQuatra appealed alleging error in issuing the sale order without a final decree.
The court dismissed the appeal as moot because the sale and confirmation had been carried out and no relief could be afforded; the merits were also deemed potentially proper but unnecessary to decide.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the appeal moot due to completed sale and lack of relief?	LaQuatra argues the sale order lacked a final decree and is appealable.	Beneficial contends there is no relief available once sale and confirmation have occurred.	Moot; dismissed.
If reach merits, was the motion to vacate the order of sale properly denied?	LaQuatra asserts error in denying vacatur of the sale order.	Beneficial argues damages could be determined later and sale order was proper.	Proper denial of vacatur, alternative merits not reached.

Wells Fargo Bank N.A. v. Cuevas, 2014-Ohio-498 (8th Dist. Cuyahoga) (appeal moot after sale and confirmation; no relief available)
CitiMortgage, Inc. v. Roznowski, 2013-Ohio-347 (Ohio Supreme Court) (whether judgment decree includes itemized damages affects final appealability)
Bank of New York Mellon v. Adams, 2013-Ohio-5572 (8th Dist. Cuyahoga) (undetermined damages can be determined at sheriff's sale for an appeal)
Citifinancial v. Haller-Lynch, 2006-Ohio-6908 (9th Dist. Lorain) (appealability of foreclosure orders; timing of appeals)