Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Stark

Ford, Presiding Judge.

Appellants, Richard and Caryle Stark, appeal from a January 31, 1990 judgment entry and foreclosure decree in which the Lake County Court of Common Pleas determined that a principal judgment lien held by appellee, Merrill Lynch, Pierce, Fenner & Smith, Inc. (“Merrill Lynch”), constituted the first and best lien upon appellants’ real estate, and further ordered foreclosure of the principal lien in the amount of $34,000 plus interest at nine percent per annum from June 25, 1986. The following facts are not in dispute:

On March 14, 1989, Merrill Lynch filed a complaint for…