Rather, Carrington only sought the sale proceeds held by the clerk of court. Carrington recognized that its failure to answer the complaint timely caused it to lose the sheriff sale proceeds that were collected by the condo association hence, in the Rule 60(B) motion, Carrington did not assert its mortgage’s priority over the condo association’s lien. Strawser had been current on debt payments secured by Carrington’s mortgage and that the amount owed on that debt exceeded the remaining sheriff sale proceeds. In this motion, Carrington stated that Ms. At this point, Carrington entered the fray.Ĭarrington moved for relief from the default judgment against it under Ohio R. The trial court’s sale confirmation order directed the clerk to hold the excess sale proceeds after payment of court costs, property taxes, and the condo association’s debt. “IT IS THEREFORE ORDERED ADJUDGED AND DECREED that all claims of, having failed to appear herein, be and the same are hereby forever barred against the premises.”Ī sheriff sale was held at which a third-party purchaser bid substantially more than the amount owed to the condo association.A “bar to any equitable interest” that I suspect was requested by the plaintiff to eliminate any right to redeem the property and.The default judgment specifically included this: At the condo association’s request, the trial court entered a default judgment that included foreclosure of the association’s lien. Hence, a default judgment was entered against both of those defendants. Carrington also failed to answer the complaint despite a lien on Strawser’s condo that was senior to the condo association’s lien. The property owner, Strawser, failed to answer – again, not unusual if the property owner cannot pay the condo assessments, it is common that she cannot afford a lawyer or mount a viable defense.Ĭarrington’s response to the foreclosure complaint was more unusual. Strawser’s mortgagee (Carrington Mortgage Services, LLC) as a defendant. Strawser) to collect unpaid condo assessments. In Strawser, the condo association initiated a foreclosure case against the condo owner (Ms. The Strawser case has a few lessons that deserve your attention. The lessons of those posts were applied to save a mortgage lender in Villas as East Pointe Condominium Association v. See Planning Commercial Collection Litigation: A Primer and Joinder of Claims in Commercial Foreclosure Litigation is a Choice. For more information or to schedule an appointment, please visit our website.Previously, I wrote blog posts on planning commercial litigation and the considerations involved in voluntarily bringing claims in one lawsuit as a plaintiff. Clinics held on the 2nd Thursday of the month and 4th Thursday of the month. You can attend the clinic to get advice about how to proceed with an appeal to the Court of Appeals. Unemployment Appeal Legal Advice Clinic - service for people who have already had a hearing with the Unemployment Law Judge and have also requested reconsideration and it has been denied. There is no income-qualification required for attendance. This is a brief advice clinic for people who are representing themselves. In addition, we offer two clinics for those working on appeals: General Appeals Self-Help Clinic - held on the 3rd Thursday of the month. Our librarians can help you find legal information, court forms, and other materials by phone, email, or in person. Room G25, Minnesota Judicial Center, 25 Rev.
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