TransOhio Savings Bank, F.S.B. v. Patterson

Cacioppo, Judge.

The question presented in this appeal is whether a mortgagee of real property loses priority to a subsequent judgment creditor of the mortgagor when he enters an agreement with the mortgagor attempting to modify a lease that the mortgage secures. We hold that he does not and affirm.

The facts of this case are not in dispute. On July 12, 1983, HIS Company, Unlimited, doing business as the Comfort Store, executed a ten-year lease agreement with appellee, Roger L. DeVille, to lease commercial property located in the Belden Village Mall. The operation’s president, Peter Patterson,…