2016 Ohio 1202
Ohio Ct. App.2016Background
- Chase Home Finance filed a foreclosure action against Stephanie Lindenmayer on April 7, 2009 for default on a note secured by mortgage.
- Chase moved for summary judgment (renewed Dec. 24, 2009); the trial court granted foreclosure on Jan. 15, 2010; Lindenmayer did not appeal that judgment.
- Lindenmayer unsuccessfully moved to vacate the 2010 judgment in 2013 (challenge to Chase's standing); the trial court denied relief and this court affirmed.
- After a failed loan modification, a sheriff’s sale was scheduled for May 28, 2015; on May 22, 2015 Lindenmayer filed a Civ.R. 60(B) motion alleging fraud upon the court based on Chase allegedly lacking original note/mortgage/assignment.
- Lindenmayer submitted an affidavit (signed by stamp, not properly notarized) and a certified transcription of a recorded call; the trial court denied the Civ.R. 60(B) motion without an evidentiary hearing.
- Lindenmayer appealed, arguing the trial court abused its discretion by denying relief and failing to hold a hearing; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying Civ.R. 60(B) relief without an evidentiary hearing | Trial court correctly denied relief because the movant failed to present evidentiary-quality affidavits supporting a meritorious defense | Lindenmayer argued fraud upon the court (Chase shredded originals after digitizing), supported by affidavit and transcript, warranting a hearing | No abuse of discretion; affidavits lacked evidentiary quality and transcript did not establish identity of speakers, so no hearing required and motion properly denied |
Key Cases Cited
- Griffey v. Rajan, 33 Ohio St.3d 75 (Ohio 1987) (standard that Civ.R. 60(B) is addressed to trial court's sound discretion)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (appellate review of abuse of discretion requires showing decision was unreasonable, arbitrary, or unconscionable)
- GTE Automatic Elec., Inc. v. ARC Indus., Inc., 47 Ohio St.2d 146 (Ohio 1976) (elements movant must show to prevail on Civ.R. 60(B))
- BancOhio Natl. Bank v. Schiesswohl, 51 Ohio App.3d 130 (Ohio Ct. App. 1988) (hearing required only when motion and affidavits set forth operative facts supporting a meritorious defense)