Huntington National Bank v. Burch

Fain, Presiding Judge.

{¶ 1} Plaintiff-appellant Huntington National Bank appeals from an order setting aside and vacating a sale of property in a foreclosure action. Huntington National Bank contends that the trial court abused its discretion because (1) it failed to protect the interests of the mortgagor/debtor and the mortgagee/creditor; (2) it failed to give finality to the judicial sale; and (3) it failed to apply the doctrine of caveat emptor.

{¶ 2} Although a trial court must, pursuant to R.C. 2329.31, confirm a sale of property that is in conformity with R.C. 2329.01 to R.C. 2329.61, we…