May 30, 2014
The court in deciding Arch Bay Holdings, LLC v. Brown, 2013-Ohio-5453 (Ohio Ct. App., Montgomery County, 2013) found that the lower court did not err in confirming the sheriff’s sale, thus the judgment of the Montgomery County Common Pleas Court was affirmed.
Daniel Lee Brown appealed the lower court’s final order confirming a post-foreclosure sheriff’s sale of his residence and distributing the proceeds. First, he contended that the lower court erred in finding that appellee – Arch Bay Holdings – had standing to foreclose. Second, Brown claimed that the trial court erred in dismissing his counterclaims. Third, he asserted that the trial court erred in confirming the sheriff’s sale where no appraisal was performed.
Upon review, this court promptly disposed of Brown’s arguments about the lower court’s dismissal of his counterclaims and Arch Bay’s standing to foreclose. This court also determined that arguments about the counterclaims were barred by res judicata because Brown could have raised them in the prior appeal, which he filed after the trial court dismissed the counterclaims and filed a decree of foreclosure. Further, this court reviewed the evidence and upheld the lower court’s finding that Arch Bay had standing because it possessed the note and mortgage when it filed suit. Thus this court affirmed the lower court’s ruling.| Permalink