JPMorgan Chase Bank v. Clark
2017 Ohio 7765
Ohio Ct. App.2017Background
- Chase obtained summary judgment in a 2013 foreclosure against Daniel Clark; Clark did not appeal.
- Chase assigned the mortgage to Christiana Trust in June 2014; bankruptcy by Clark briefly stayed proceedings but the stay was lifted in 2014.
- Christiana Trust filed a praecipe for order of sale in Sept. 2015; sheriff's sale was scheduled for March 29, 2016.
- Clark moved to cancel the sale (Mar. 28, 2016) arguing substitution of plaintiff was not of record and counsel lacked local-rule notice; the trial court denied the motion and the sale occurred.
- Clark then moved to vacate the sheriff's sale and to set aside confirmation; the trial court denied relief and confirmed the sale; Clark appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Clark established grounds under Civ.R. 60(B) to vacate the sale | Clark failed to meet Civ.R. 60(B) elements and district court properly denied relief | Clark argued the sale should be vacated because Christiana Trust was not shown as real party in interest and counsel lacked proper local-rule notice | Court: Clark did not satisfy Civ.R. 60(B) elements; denial was not an abuse of discretion |
| Whether failure to follow Mahoning Loc.R. 13(D) (two-week notice) required vacatur or reversal | Compliance with R.C. 2329.26 controls; statutory notice was provided so local-rule noncompliance does not mandate relief | Clark contended he received only eight days’ notice, violating Loc.R. 13(D) and due process | Court: Christiana Trust complied with R.C. 2329.26; local-rule violation alone did not require relief and court did not abuse discretion |
Key Cases Cited
- GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 351 N.E.2d 113 (1976) (sets three-part test for relief under Civ.R. 60(B))
- Argo Plastic Products Co. v. Cleveland, 15 Ohio St.3d 389, 474 N.E.2d 328 (1984) (failure to meet any Civ.R. 60(B) element requires denial)
- Mount Olive Baptist Church v. Pipkin Paints & Home Impr. Ctr., Inc., 64 Ohio App.2d 285, 413 N.E.2d 850 (8th Dist. 1979) (discusses balance between finality of judgments and justice in vacating orders)
- Home Fed. Sav. & Loan Assn. of Niles v. Keck, 59 N.E.3d 706 (7th Dist. 2016) (local-rule violations do not automatically entitle a party to vacatur)