KEY POINTS | OHIO COURT REFUSES TO GRANT HEIR RELIEF FROM FORECLOSURE JUDGMENT
- Diaz | Anselmo
- Oct 29, 2024
- 2 min read
Updated: Mar 20
The Eighth District Court of Appeals recently affirmed the decision of the trial court which refused an heir’s request for post-judgment relief under Civ. R. 60(B). FIG v. Lynch, 2024 WL 3893649, ¶1 (Ohio August 22, 2024). In Lynch, the trial court granted tax certificate holder, Fig Ohio18, LLC (“the LLC”), a judgment of foreclosure against debtor (“Lynch”) and his heirs, including Lynch’s daughter (Appellant) Hollis Lynch (“Hollis”), due to their failure to pay property taxes on real property located in Fairview Park, Ohio.
Although being served with the foreclosure complaint, having knowledge of the proceedings, and having filed an answer to the complaint, Hollis failed to respond to the LLC’s summary judgment motion. The trial court entered a foreclosure judgment in favor of the LLC and against all the heirs. Instead of appealing the judgment, Hollis moved for relief under Civ.R. 60(B)(1) asserting improper service of process and that she had no obligation to pay property taxes on property that was solely titled in her father’s name.
The trial court denied rule 60(B) relief and the appellate court affirmed. The Court refused to consider any factual allegations regarding service because Hollis failed to file a transcript. The Court agreed that Hollis also failed to present a meritorious defense since she was obliged to pay property taxes despite the property being titled in her father’s name. Although a harsh result for a pro se litigant, the district court’s decision was just and well-reasoned, and removes any incentive for litigants to seek post-judgment relief through rule 60(B) after failing to timely and adequately assert their rights during the proceedings.