PNC Bank, N.A. v. Weaver
2013 Ohio 2765
Ohio Ct. App.2013Background
- PNC Bank, N.A. sued James and Yvonne Weaver on a note and mortgage for 2220 Cardinal Ave., Dayton, Ohio.
- Bank alleged default on a note for $60,700 with 8.125% interest and sought foreclosure and related relief.
- Service by certified mail failed; ordinary mail service was used and the Weavers did not answer.
- Bank moved for summary judgment five days after a show-cause order; Weavers were not served the motion.
- Trial court granted summary judgment and foreclosure; Weavers timely appealed.
- Weavers argue (1) deadline misnotice affected response; (2) bank acted in bad faith regarding mortgage relief efforts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the Weavers’ appeal proper given alleged deadline misnotice? | Weavers failed to respond; judgment proper. | Weavers claim deadline not timely received. | No reversible error; record supports summary judgment. |
| Did the bank act in bad faith by pursuing foreclosure while discussing relief options? | Bank’s letters suggested relief; pursued foreclosure anyway. | Evidence not in record; cannot be considered on direct appeal. | Bad-faith argument not proper on direct appeal; no error shown. |
Key Cases Cited
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (set forth summary judgment standard and evidentiary requirements)
- Zivich v. Mentor Soccer Club, Inc., 82 Ohio St.3d 367 (Ohio 1998) (definitive summary judgment standard)
- Fed. Home Loan Mtge. Corp. v. Schwartzwald, 134 Ohio St.3d 13 (Ohio 2012) (standing jurisdictional issue in mortgage actions)
- Fifth Third Bank v. Fin. S. Office Partners, Ltd., 2010-Ohio-5638 (Ohio 2010) (appellate review of summary judgment; record-based)