American Bank Center v. Schuh

CROTHERS, Justice.

[¶ 1] Citifinancial, Inc., appeals from an order denying its motion to vacate a default judgment in American Bank Center’s (“American”) action to foreclose mortgages covering real estate located in Stark County. We conclude the district court did not abuse its discretion in denying the motion because Citifinancial failed to establish mistake, inadvertence, surprise, or excusable neglect to support its N.D.R.Civ.P. 60(b) motion for relief from the default judgment. We affirm.

I

[¶ 2] Between 2003 and 2007, American loaned Sandy and Teri Schuh money on several occasions, and…