Bank One Dayton, N.A. v. Ellington

Brogan, Judge.

The appellants, Constance L. Ellington, Charles L. Ellington and Nunhahda Foundation, Inc. (“Nunhahda”), appeal from a judgment of the Montgomery County Common Pleas Court, in which the court overruled their motion to vacate the court’s confirmation of the foreclosure sale of the appellants’ property and distribution of the sale proceeds. The appellants raise two assignments of error challenging the court’s judgment on discretionary and due process grounds.

This case began on April 3, 1990, with appellee, Bank One of Dayton, N.A. (“bank”), filing a foreclosure complaint against…