Key Points | OHIO APPELLATE COURT REFUSES TO REIMBURSE MORTGAGEE FOR $12,000+ IN ADVANCES FOR CONDOMINIUM DUES

1. Last month the Eighth Appellate District of Ohio affirmed the lower court’s order denying Lakeview Loan Servicing, LLC’s (Lakeview) request for post-judgment reimbursement for $12,965.97 in condominium association dues paid on real property located in Cuyahoga County (“the Property”). Lakeview Loan Servicing, LLC v. Soldat, 2024-Ohio-4676, ¶ 1.

2. Lakeview successfully foreclosed its mortgage interest and obtained a final judgment. The judgment explicitly allowed Lakeview to make post-judgment advances to pay for property protection, taxes, insurance, inspections, and appraisals, but did not specifically provide for reimbursement for advances to pay association dues. When Lakeview moved for reimbursement of the association dues, the trial court denied the request.

3. On appeal the Eighth District affirmed finding that Lakeview should have objected to the magistrate’s recommendation or appealed the final judgment, neither of which specifically provided for the reimbursement of association dues. This result, although disappointing, was not surprising given the appellate court reviewed the matter under the very high “abuse of discretion” standard and was limited on what it could consider since Lakeview did not appeal the final judgment.

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