Gilbert v. Fifth Third Bancorp

Wolff, Judge.

{¶ 1} Pamela and Randy Gilbert appeal from a judgment of the Montgomery County Court of Common Pleas, which found in favor of Fifth Third Mortgage Company (“Fifth Third”) on its claim for statutory damages, pursuant to R.C. 5301.36(B), based on Fifth Third’s alleged failure to record a satisfaction of residential mortgage in the Montgomery County Recorder’s Office within the 90-day statutory period.

{¶ 2} The record reveals the following facts.

{¶ 3} On September 8, 1997, the Gilberts obtained a residential mortgage loan from CitFed Mortgage Corporation of America in the amount of…