R.B.S. Citizens v. Adams
2012 Ohio 1889
Ohio Ct. App.2012Background
- Appellants Larry M. Adams and Shannon B. Adams defaulted on a mortgage secured by real property and the Bank sought foreclosure.
- Appellants executed a promissory note for $120,000 at 7.07% interest and a mortgage on 5303 East Township Road 138, Tiffin, Ohio.
- The Bank filed a foreclosure complaint in 2011 seeking in rem judgment and foreclosure of the mortgage lien.
- The Bank moved for summary judgment relying on Linda Cross’s affidavit asserting default and that acceleration was elected.
- Appellants responded claiming lack of evidence that proper acceleration notice was provided as a condition precedent to foreclosure; no evidentiary materials were attached.
- The trial court granted summary judgment in favor of the Bank; Appellants appealed challenging the acceleration-notice compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bank's acceleration notice was properly proven as a condition precedent to foreclosure | Bank provided notice via Cross affidavit and attached notice of default/acceleration | Appellants argued no proper notice evidence; Bank’s self-serving affidavit insufficient | Yes; Bank showed proper notice and no genuine fact issue |
Key Cases Cited
- LaSalle Bank, N.A. v. Kelly, 2010-Ohio-2668 (9th Dist. 2010) (acceleration/notice as condition precedent to foreclosure)
- First Financial Bank v. Doellman, 2007-Ohio-222 (12th Dist. 2007) (notice requirement as condition precedent)
- Cornell v. Rudolph, 2011-Ohio-4322 (3d Dist. 2011) (self-serving affidavits require corroboration)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996–Ohio 107) (burden-shifting on summary judgment)
- Hillyer v. State Farm Mut. Auto. Ins. Co., 131 Ohio App.3d 172 (8th Dist. 1999) (summary judgment standard de novo)