EMC Mortgage Corp. v. Jenkins

French, Judge.

{¶ 1} In this appeal from a final judgment entry and decree of foreclosure entered by the Franklin County Court of Common Pleas on November 8, 2004, defendant-appellant, Otis L. Jenkins, assigns as error the trial court’s denial of his motion to dismiss the underlying action initiated by plaintiff-appellee, EMC Mortgage Corporation (“EMC”). For the following reasons, we reverse the trial court’s judgment.

{¶ 2} The underlying action is the third successive foreclosure action initiated against appellant in the Franklin County Court of Common Pleas, arising out of an adjustable…