View Page As PDF
Share Button
Tweet Button

There are two judgments that are appealable in foreclosure actions: (1) the order of foreclosure and sale – which determines the extent of each lienholder’s interests, establishes the priority of liens, and determines the rights and responsibilities of the parties in the action; and (2) the order of confirmation of the sale.  In CitiMortgage, Inc. v. Roznowski, the Ohio Supreme Court held that a judgment decree in foreclosure that allows, as part of recoverable damages, unspecified amounts advanced for inspections, appraisals, maintenance, and property protection, but does not include specific itemization of such amounts in the judgment is a final, appealable order.  The Court further held that a mortgagor can contest such amounts during proceedings to confirm the foreclosure sale and may appeal the order of confirmation of the sale.  The Court also addressed the right of redemption stating that its decision does not impair a mortgagor’s right of redemption because mortgagors may exercise their right to redeem at any time prior to the confirmation of the sale.  Justice O’Neill issued a dissent from the majority’s decision on the final appealable order issue.

COMMENT
+