Wells Fargo Bank, N.A. v. Neal
2011 Ohio 3952
Ohio Ct. App.2011Background
- Wells Fargo Bank, N.A. obtained a mortgage from Bruce and Susan Neal (Duncan) in September 2003 for 523 Spring Street, Lancaster, Ohio, debt $102,600 with monthly payments of $858.23.
- Foreclosure action filed October 1, 2009; defendants were served October 6, 2009; default judgment entered December 22, 2009.
- Earlier, a sheriff’s sale was scheduled for February 2010 but was withdrawn February 9, 2010 as parties sought alternatives.
- A sheriff’s sale was conducted November 12, 2010, and the property was sold to Wells Fargo.
- On December 6, 2010, defendants moved for relief from judgment under Civ.R. 60(B)(4) and (5); Wells Fargo opposed.
- The trial court denied the 60(B) motion on February 7, 2011; defendants appealed; nunc pro tunc corrections were entered March 15–17, 2011, with notices of appeal filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Civ.R. 60(B)(4) relief from judgment was properly denied. | Neal | Neal | Denied relief; no abuse of discretion |
Key Cases Cited
- Colley v. Bazell, 64 Ohio St.2d 243 (Ohio 1980) (balance between finality and justice; abuse of discretion standard)
- Griffey v. Rajan, 33 Ohio St.3d 75 (Ohio 1987) (60(B) relief requires sound discretion; not an error of law alone)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard: unreasonable, arbitrary, or unconscionable ruling)
- Knapp v. Knapp, 24 Ohio St.3d 141 (Ohio 1986) (foreclosure-60(B)(4) applicability when modification pursued post-judgment)