The Farmers State Bank v. Steven Sponaugle et al., Case No. 2017-1377
Second District Court of Appeals (Darke County)
- If a foreclosure decree is a non-final order, can a sheriff's sale be confirmed?
- Is a foreclosure decree that determines liability and the amount due to the foreclosing lender and that leaves the remaining amounts to be calculated later a final order allowing its execution?
Karen and Steven Sponaugle obtained three loans from the Farmers State Bank for their home in Bradford. After the Sponaugles defaulted on their loans, Farmers State filed a foreclosure action in October 2013 against them and any others with an interest in the property. In an amended complaint filed with the trial court, Farmers State added American Budget Company and Midland Funding as defendants.
In a May 2014 settlement, the Sponaugles agreed to pay $120,000 to the bank on or before Aug. 23, but they didn't pay the bank by the deadline.
The court granted summary judgment to Farmers State, and the court's "judgment entry - decree of foreclosure" was entered in January 2016. In the decree, the court ordered the sale of the property and gave the following priorities to the claims against the property: property taxes owed to the Darke County treasurer; Farmers State's three mortgage loans; and American Budget Company's interest.
January 30, 2019