Bank One v. Swartz, Unpublished Decision (4-21-2004)

DECISION AND JOURNAL ENTRY

{¶ 1} Appellants, Donald and Betty Swartz, appeal a grant of summary judgment by the Lorain County Court of Common Pleas to Bank One and First Federal Savings Loan Association of Lorain ("First Federal") on an action for foreclosure. We affirm.

I

{¶ 2} Appellants purchased a house in Amherst, Ohio, executing a mortgage with First Federal for $75,000, on May 14, 1997. Contained within the mortgage deed is an acceleration clause: "If foreclosure proceedings of any second mortgage, or second trust deed, or any junior lien of any kind should be instituted, [First Federal]…