Brake v. Keegan
2018 Ohio 3979
Ohio Ct. App.2018Background
- Citizens Banking Co. filed a foreclosure complaint alleging Daniel and David Keegan defaulted on a promissory note secured by a mortgage on 7349 SR 101, Clyde, Ohio.
- Citizens obtained a default decree of foreclosure; after unsuccessful sale attempts the property was scheduled for auction in January 2015.
- Jason and Kateryna Brake intervened, claiming a land-contract purchase from the Keegans (paid > $40,000 toward $125,000) and alleging breach of contract and unjust enrichment; the court allowed intervention and canceled the auction.
- Citizens (later Cavista) assigned the foreclosure judgment to the Brakes; the Brakes purchased the property at sale and obtained a judgment entry confirming the sale (journalized August 15, 2017).
- Daniel and Amy Keegan appealed the confirmation, arguing the court granted judgment without trial, summary judgment, or due process; the Brakes and the Keegans had remaining claims and counterclaims pending in the trial court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the judgment confirming the sheriff’s sale was a final, appealable order | Brakes: confirmation of sale in a foreclosure is a final appealable order as a special proceeding under R.C. 2505.02 | Keegans: confirmation is not final because related claims and counterclaims remained pending and the entry lacked a Civ.R. 54(B) certification; appellants were denied due process | The confirmation entry was not a final, appealable order because it left other claims pending and lacked Civ.R. 54(B) certification; appellate court dismissed the appeal |
Key Cases Cited
- CitiMortgage, Inc. v. Roznowski, 139 Ohio St.3d 299, 11 N.E.3d 1140 (Ohio 2014) (confirmation of sale is an ancillary proceeding; scope of issues limited to conformity with law)
- Chef Italiano Corp. v. Kent State Univ., 44 Ohio St.3d 86, 541 N.E.2d 64 (Ohio 1989) (discussing final-order requirements and interplay of R.C. 2505.02 and Civ.R. 54(B))
- State ex rel. Keith v. McMonagle, 103 Ohio St.3d 430, 816 N.E.2d 597 (Ohio 2004) (an order that leaves issues unresolved is not a final appealable order)