National City Bank v. Gumm, Unpublished Decision (3-19-2004)

OPINION.

{¶ 1} This case stems from a foreclosure action brought by National City Bank against Rhonda L. Gumm and Timothy M. McCord ("the buyers"), following the buyers' default on a promissory note secured by a mortgage. The foreclosure complaint also named the property sellers, Michael L. Hines and Charles P. Hines, as defendants. The sellers filed an answer and a cross-claim against the buyers for defaulting on a separate promissory note secured by another mortgage on the same property. A dispute then arose between the bank and the sellers over the priority of the mortgages.

{¶ 2} Following…