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IN RE NOWAK

No. 2004-0272.

104 Ohio St.3d 466 (2004)

2004-Ohio-6777

IN RE NOWAK ET AL.

Supreme Court of Ohio.

Decided December 17, 2004.

Attorney(s) appearing for the Case

McFadden & Associates Co., L.P.A. and David A. Freeburg, Cleveland, for petitioner, PCFS Financial.

Weick, Gibson & Lowry and Michael J. Moran, Cuyahoga Falls, for respondent, Lydia Spragin III, trustee.

Gregory W. Happ, Medina; Kegler, Brown, Hill & Ritter and John C. Deal, Columbus; McDonald, Frank, Hitzeman & Holman and Robert B. Holman, Oakwood Village, in support of petitioner, for amici curiae, First Union National Bank, First Union Home Equity Bank, N.A., and Ohio Land Title Association.

ALICE ROBIE RESNICK, J.

{¶ 1} This case comes to us as a certified question of state law from the Bankruptcy Appellate Panel of the United States Sixth Circuit Court of Appeals, pursuant to S.Ct.Prac.R. XVIII. The panel has certified the following facts to us:

{¶ 2} "Debtors, Michael and Christine Nowak, executed a mortgage on real estate that they owned in favor of [petitioner] P[CF]S Financial (Provident Bank) on March 6, 1998. On...

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