Davet v. Sensenbrenner
2012 Ohio 5898
Ohio Ct. App.2012Background
- Foreclosure action on Davet's property was initiated by the former county treasurer for nonpayment of taxes.
- A tax magistrate ordered foreclosure; sheriff's sale scheduled for Feb 2009; sale did not occur and property forfeited to the state.
- Auditor became custodian with authority to sell the property under statute.
- Davet challenged standing and sought relief in federal court; federal court lacked jurisdiction to interfere and dismissed for lack of adequate state remedy.
- Davet filed motions to vacate/dismiss; trial court denied; Davet appealed and later filed a separate action in trial court raising the same standing arguments.
- Boston moved for summary judgment based on res judicata; magistrate recommended summary judgment for Boston; trial court adopted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by granting summary judgment for Boston based on res judicata. | Davet argues Rokakis lacked standing; foreclosure void ab initio and warrants relief. | Boston asserts Davet should have appealed the foreclosure judgment; claims preclusion bars new actions. | Yes, affirmed; res judicata bars Davet's claims and summary judgment for Boston proper. |
Key Cases Cited
- Davet v. Mikhli, 8th Dist. No. 97291, 2012-Ohio-1200 (8th Dist. (Ohio 2012)) (claim preclusion bars lodging challenges to foreclosure in separate actions)
- Davet v. Fed. Natl. Mtge. Assn., 8th Dist. No. 97890, 2012-Ohio-3575 (8th Dist. (Ohio 2012)) (precedent for same standing arguments in foreclosure context)
- State ex rel. Squire v. Kofron, 58 Ohio App. 65, 15 N.E.2d 783 (8th Dist.1937) (foreclosure requires necessary parties with title or interest)
- Hembree v. Mid-America Fed. Sav. & Loan Assn., 64 Ohio App.3d 144, 580 N.E.2d 1103 (2d Dist.1989) (necessary-party doctrine in foreclosure actions)
- Fed. Home Loan Mtge. Corp. v. Schwartzwald, 2012-Ohio-5017 (Ohio) (mortgage holder must own the mortgage to file foreclosure)
- Wells Fargo Bank, N.A. v. Jordan, 8th Dist. No. 91675, 2009-Ohio-1092 (8th Dist. (Ohio 2009)) (standing and foreclosure proceedings)
- Deutsche Bank Natl. Trust Co. v. Triplett, 8th Dist. No. 94924, 2011-Ohio-478 (8th Dist. (Ohio 2011)) (standing issues in foreclosure)