The Ohio Supreme Court has certified a conflict between two appellate decisions regarding mortgage foreclosure cases. The questions certified for conflict are stated as follows:
"1. Whether a judgment decree in foreclosure is a final appealable order if it includes as part of the recoverable damages amounts advanced by the mortgagee for inspections, appraisals, property protection and maintenance, but does not include specific itemization of those amounts in the judgment.
"2. Whether a mortgagor that contests amounts expended by a mortgagee for inspections, appraisals, property protection and maintenance can challenge those amounts as part of the proceedings to confirm the foreclosure sale, and appeal any adverse ruling in an appeal of the order of confirmation."
The two decisions that are in conflict are CitiMortgage, Inc. v. Roznowski, 2012 Ohio 4901, from the Fifth District and LaSalle Bank Natl. Assn. v. Smith, 7th Dist. No. 11 MA 85, 2012 Ohio 4040 from the Seventh District.
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