CitiMortgage, Inc. v. Roznowski (Slip Opinion)

2014 Ohio 1984, 11 N.E.3d 1140, 139 Ohio St. 3d 299
CourtOhio Supreme Court
DecidedMay 15, 2014
Docket2012-2110
StatusPublished
Cited by128 cases

This text of 2014 Ohio 1984 (CitiMortgage, Inc. v. Roznowski (Slip Opinion)) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
CitiMortgage, Inc. v. Roznowski (Slip Opinion), 2014 Ohio 1984, 11 N.E.3d 1140, 139 Ohio St. 3d 299 (Ohio 2014).

Opinions

[300]*300Lanzinger, J.

{¶ 1} This case raises two issues related to judgments in mortgage-foreclosure cases: first, whether a judgment decree in foreclosure is a final, appealable order when it includes unspecified amounts advanced by the mortgagee for inspections, appraisals, property protection, and maintenance and, second, whether a mortgagor may challenge those amounts as part of the proceedings to confirm the foreclosure sale and appeal the order of confirmation. We answer both questions in the affirmative.

I. Case Background

{¶ 2} On February 19, 2008, appellant, CitiMortgage, Inc., filed a complaint seeking to foreclose on property owned by appellees, James A. Roznowski and Steffanie M. Roznowski. In the complaint, CitiMortgage specified that it sought judgment against the Roznowskis for the principal sum

plus interest from August 1, 2007 to October 1, 2007 in the amount of $1,479.90 and interest on said principal at the rate of 7.125% per annum from October 1, 2007, until paid, plus late charges, taxes, assessments and insurance premiums that may be advanced by Plaintiff, and for all costs herein expended; and any and all advancements which have been paid or will be paid for the benefit, preservation and protection of said real property herein.

The complaint further requested that the

mortgage may be decreed a valid first and best lien upon said real property, with the exception of taxes and assessments; that its mortgage deed upon the described real property be foreclosed and said real property sold according to the statutes and procedures in effect, free of all claims, [301]*301liens and interests of all the Defendants, that all named Defendants set forth their claim or interest in said real property or be forever barred from asserting same.

{¶ 3} The Roznowskis filed an answer, counterclaim, and third-party complaint alleging that CitiMortgage and CitiMortgage’s predecessor, ABN AMRO Mortgage Group, Inc., had violated the Consumer Sales Practices Act and that Quest Title Agency, Inc., had engaged in the unauthorized practice of law when it allegedly provided incorrect legal advice to them about documents it had drafted.

{¶ 4} The trial court granted CitiMortgage’s and Quest’s motions for summary judgment. The entry stated:

It is hereby
ORDERED, ADJUDGED and DECREED that Plaintiffs Motion for Summary Judgment and Third-Party Defendant’s Motion for Summary Judgment are GRANTED; and it is further
ORDERED that Counsel for Plaintiff is to prepare a judgment entry consistent with this Entry, the pleadings and record within two weeks from the date of this entry. This is a final appealable order and there is no just cause for delay.

{¶ 5} The Roznowskis filed an appeal, arguing in their first assignment of error that the trial court had entered final judgment without any entry setting forth the amount owed. The Fifth District Court of Appeals dismissed the appeal, holding that the order was not final and appealable, because it did not set forth the dollar amount of the balance due on the mortgage and did not refer to any documents in the record that did. 5th Dist. Stark No. 2011-CA-124, 2012-Ohio-74, 2012 WL 75950, at ¶ 26.

{¶ 6} On remand, the trial court issued a judgment entry sustaining CitiMortgage’s motion for summary judgment and issuing a decree for foreclosure. In the entry, the court stated that there was due to CitiMortgage the principal sum of $126,849.04 on the promissory note, along with interest at specified rates and costs of the action. The court also added to the amounts that were to be recovered

those sums advanced by Plaintiff for costs of evidence of title required to bring this action, for payment of taxes, insurance premiums and expenses incurred for property inspections, appraisal, preservation and maintenance [302]*302for which amount judgment is awarded in favor of Plaintiff and against Defendant^].

The court further found that the mortgage to CitiMortgage was “a good and valid lien and the first and best lien on the real estate * * * prior to all other liens against same, with the exception of real estate taxes.” The trial court accordingly ordered the property to be sold by sheriffs sale.

{¶ 7} On appeal, the Fifth District dismissed the appeal for lack of jurisdiction after holding that the trial court had again failed to issue a final, appealable order. 5th Dist. Stark No. 2012-CA-93, 2012-Ohio-4901, 2012 WL 5209362. The court of appeals reasoned that “expenses incurred in property inspections, appraisal, preservation and maintenance” as set forth in the trial court’s order are not easily ascertainable and thus must be set forth specifically before the order is final and appealable. Id. at ¶ 9. It noted that the matter had been pending nearly five years and nothing in the record gave the Roznowskis notice of the total amount required for them to exercise their statutory right of redemption. Id. The court also stated that the proper time to challenge these amounts is in the foreclosure action, not upon confirmation of a judicial sale. Id.

{¶ 8} The Fifth District certified that its holding was in conflict with the holding of the Seventh District in LaSalle Bank Natl. Assn. v. Smith, 7th Dist. Mahoning No. 11 MA 85, 2012-Ohio-4040, 2012 WL 3834894. We determined that a conflict exists on the following issues:

1. Whether a judgment decree in foreclosure is a final appealable order if it includes as part of the recoverable damages amounts advanced by the mortgagee for inspections, appraisals, property protection and maintenance, but does not include specific itemization of those amounts in the judgment.
2. Whether a mortgagor that contests amounts expended by a mortgagee for inspections, appraisals, property protection and maintenance can challenge those amounts as part of the proceedings to confirm the foreclosure sale, and appeal any adverse ruling in an appeal of the order of confirmation.

134 Ohio St.3d 1447, 2013-Ohio-347, 982 N.E.2d 726.

II. Legal Analysis

{¶ 9} The issues are interrelated. The first concerns the form of the judgment decree in foreclosure, and the second, the timing of appeal by the mortgagor of any final damages amounts awarded.

[303]*303 A. Specificity of Foreclosure Order

{¶ 10} Article IV, Section 3(B)(2) of the Ohio Constitution grants jurisdiction to courts of appeals “to review and affirm, modify, or reverse judgments or final orders of the courts of record inferior to the court of appeals within the district.” Consequently, “[i]f an order is not final, then an appellate court has no jurisdiction.” Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17, 20, 540 N.E.2d 266 (1989). “An order of a court is a final appealable order only if the requirements of both R.C. 2505.02 and, if applicable, Civ.R. 54(B), are met.” State ex rel. Scruggs v. Sadler, 97 Ohio St.3d 78, 2002-Ohio-5315, 776 N.E.2d 101, ¶ 5.

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Cite This Page — Counsel Stack

Bluebook (online)
2014 Ohio 1984, 11 N.E.3d 1140, 139 Ohio St. 3d 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citimortgage-inc-v-roznowski-slip-opinion-ohio-2014.