National City Bank v. Welch

Tyack, Presiding Judge.

{¶ 1} Appellant Tarry Gullett appeals from the Franklin County Court of Common Pleas decision granting summary judgment to appellee, National City Bank, in this foreclosure action. Gullett is not the mortgagor and, in fact, has no present possessory interest in the real property at issue. However, the recorded deed to the property contains a restriction granting Gullett a right of first refusal (a.k.a. preemptive right) to purchase the property from her deceased relative’s estate. The mortgagor, Bob Spriggs, took title to the property in 1998, when it was deeded to him…