WELLS FARGO BANK, PLAINTIFF-APPELLEE,
v.
ABRAHAM SCHWARTZ, ET AL., DEFENDANTS-APPELLANTS.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.https://leagle.com/images/logo.png
RELEASED AND JOURNALIZED: March 8, 2012.
RELEASED AND JOURNALIZED: March 8, 2012.
Attorney(s) appearing for the Case
William J. Stavole, Kimberlie L. Huff, Michael J. Zbiegien, Jr., Taft, Stettinius & Hollister, LLP, 200 Public Square, Suite 3500, Cleveland, OH 44114-2302, Attorneys for Appellants.
Richard A. Freshwater, Thompson Hine, LLP, 127 Public Square, 3900 Key Tower, Cleveland, OH 44114; Scott A. King, Terry W. Posey, Jr., Thompson Hine, LLP, Austin Landing I, 10050 Innovation Drive, Suite 400, Dayton, OH 45342, Attorneys for Appellee.
William R. Strachan, Strachan, Miller, Olender & Roessler Co., L.P.A., 1940 Huntington Building, 925 Euclid Avenue, Cleveland, OH 44115, Attorney for Defendants Abraham Schwartz And Sally Schwartz.
Rebecca Kucera Fischer, Porter, Wright, Morris & Arthur, LLP, 925 Euclid Avenue, Suite 1700, Cleveland, OH 44115, Attorney for Defendant Keybank National Association.
BEFORE: Stewart, J., Blackmon, A.J., and E. Gallagher, J.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.
JOURNAL ENTRY AND OPINION
MELODY J. STEWART, J.
{¶ 1} This appeal concerns a priority dispute between two lienholders: defendants-appellants Reuven Dessler and Robert Klein and plaintiff-appellee Wells Fargo Bank, N.A. Both sides claimed superior liens on a foreclosed residential property owned by defendants Abraham and Sally Schwartz. Wells Fargo indisputably had its lien recorded first, but Dessler and Klein argued that Wells Fargo released...
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