Bates v. Postulate Investments, L.L.C.

Colleen Conway Cooney, Presiding Judge.

{¶ 1} Defendant-appellant, Postulate Investments, L.L.C. (“Postulate”), appeals the trial court’s granting of summary judgment in favor of plaintiffsappellees, Tamara Bates and NovaStar Mortgage, Inc. (collectively, “plaintiffs”). Finding merit to the appeal, we reverse.

{¶ 2} This lawsuit arises from a dispute between plaintiffs and Postulate regarding legal title to real property located at 3127 West 88th Street in Cleveland (“the subject property”).

{¶ 3} In May 2004, First Horizon Home Loan Corporation, the mortgage bank for the subject property, filed…