Washington Mutual Bank, FA v. Aultman

Wolff, Presiding Judge.

{¶ 1} Washington Mutual Bank, FA, appeals from a judgment of the Champaign County Court of Common Pleas, which denied its motion for summary judgment and granted the motion of Diana Caldwell for summary judgment, finding that Caldwell was entitled to first lien priority on property owned, by Steven and Kathy Aultman. For the following reasons, the judgment is reversed, and the cause is remanded for further proceedings.

{¶ 2} The facts underlying this appeal are undisputed.

{¶ 8} On November 26, 1994, Diana Caldwell sold the property located at 120-122 East Church Street…