Nix v. Williams Family Partnership, Ltd.
2013 Ohio 5208
Ohio Ct. App.2013Background
- Nix foreclosed delinquent real-estate taxes on the Property owned by WFP; a default judgment and foreclosure decree were entered in 2011.
- WFP transferred the Property to Cadles in 2012; Cadles paid the delinquent taxes; WFP was to pay $431.95 in court costs.
- A sheriff's sale was held on January 10, 2013, selling the Property to Michelle Vallejo and Adrian Vallejo; the sale was later confirmed on February 1, 2013.
- WFP paid the foreclosure costs on February 14, 2013 and filed a Civ.R. 60(B) motion to set aside the decree and sale, arguing it redeemed under Loc.R. 4.31(H)/(J).
- The trial court denied the Civ.R. 60(B) motion on April 15, 2013, and WFP appealed the denial.
- The appellate court affirmed, holding the sale confirmation within 30 days extinguished WFP's redemption rights and that Loc.R. 4.31(H)/(J) benefits purchasers, not property owners.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Civ.R. 60(B)(4) relief was proper given redemption by paying costs. | WFP redeemed by paying costs under Loc.R. 4.31(H)/(J). | Loc.R. 4.31(J) only affects purchasers; sale confirmation within 30 days extinguished redemption; owner has no right. | No; redemption rights limited to purchasers; sale confirmation extinguished redemption. |
| Whether Civ.R. 60(B)(5) relief was properly considered given raised arguments. | WFP also sought relief under Civ.R. 60(B)(5) (catch-all). | Rule not argued in trial court; not properly raised on appeal. | Waived; not reviewed on appeal. |
Key Cases Cited
- Ohio Sav. Bank v. Ambrose, 56 Ohio St.3d 53 (1990) (reaffirming discretionary power over foreclosure sale matters)
- Citimortgage, Inc. v. Haverkamp, 2011-Ohio-2099 (12th Dist. Clermont No. CA2010-11-089) (local rules vs. statute balance in sale confirmations)
- Eckstein v. Eckstein, 2011-Ohio-1724 (12th Dist. Warren No. CA2010-10-097) (local-rule enforcement and discretion in foreclosure matters)
- Aurora Loan Servs. v. Brown, 2010-Ohio-5426 (12th Dist. Warren Nos. CA2010-01-010 and CA2010-05-041) (treatment of Civ.R. 60(B) relief and related procedural posture)