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Wells Fargo Bank., Minnesota v. Williams

Court of Appeals of Ohio, Third District, Marion County
Mar 21, 2003
Case No. 9-02-55 (Ohio Ct. App. Mar. 21, 2003)

Opinion

Case No. 9-02-55.

Decided March 21, 2003.

Civil Appeal from Common Pleas Court.

JOHN S. SPORE, Attorney at Law, AUSTIN K. KLAPP, Attorney at Law, P.O. Box 906, Perrysburg, OH 43552, For Appellant.

DONALD H. TAUBE, Attorney at Law, Reg. #0019962, 117 East Center Street, Marion, OH 43302, For Plaintiff-Appellee.


OPINION


{¶ 1} Appellant Mark E. Schlecht ("Schlecht") brings this appeal from the judgment of the Court of Common Pleas of Marion County setting aside a sheriff's sale.

{¶ 2} On August 30, 2002, a parcel of real estate was offered for sale by the Sheriff of Marion County. The appraised value of the parcel was $65,000. At the sale, Schlecht was the successful bidder at $56,100. On September 3, 2002, appellee Wells Fargo Bank ("Wells") sought to have the sale set aside. The basis for its motion was that its agent had been confused and stopped bidding before he was supposed to do so. On September 5, 2002, Schlecht filed a motion to intervene and for specific performance. The trial court overruled the motion to intervene and granted Wells' motion to vacate the sale. It is from this judgment that Schlecht appeals and raises the following assignment of error. Where a judicial sale has been held and conforms to the requirements of [R.C. 2329.01-61 inclusive], then it is not an abuse of discretion for the trial court to overrule [Well's] motion to set aside the Sheriff's sale and prevent confirmation of sale.

{¶ 3} This court may not address Schlecht's assignment of error because Schlecht has no standing to bring the appeal. [P]urchasers at a foreclosure sale have no vested interest in the property prior to confirmation of the sale by the trial court. As a result, the purchasers have no standing to appeal if the trial court subsequently denies confirmation.

{¶ 4} Ohio Savings Bank v. Ambrose (1990), 56 Ohio St.3d 53, 55, 563 N.E.2d 1388. Since the sale had not been confirmed, Schlecht does not have standing to appeal the trial court's decision to vacate the sale. Thus, the appeal is dismissed.

Appeal dismissed.

SHAW and CUPP, JJ., concur.


Summaries of

Wells Fargo Bank., Minnesota v. Williams

Court of Appeals of Ohio, Third District, Marion County
Mar 21, 2003
Case No. 9-02-55 (Ohio Ct. App. Mar. 21, 2003)
Case details for

Wells Fargo Bank., Minnesota v. Williams

Case Details

Full title:WELLS FARGO BANK OF MINNESOTA, Plaintiff-Appellee v. PATRICK WILLIAMS…

Court:Court of Appeals of Ohio, Third District, Marion County

Date published: Mar 21, 2003

Citations

Case No. 9-02-55 (Ohio Ct. App. Mar. 21, 2003)