Childers v. Commerce Mortgage Investments

Baird, Judge.

This cause came before the court upon the appeal of appellant Commerce Mortgage Investments, Ltd., (“CMI”), from the decision of the trial court awarding judgment to appellees Stanley J. and Keren P. Childers.

The Childerses owned a house in Akron. In the spring of 1986, they wanted to secure a second mortgage on the property. Diamond Acceptance Corporation (“Diamond”) agreed to loan the Childerses the money they desired. As a condition of securing the loan, the Childerses executed a note in favor of Diamond in the amount of $17,500. They then gave this note and a mortgage deed…