An Ohio appeals court tossed a foreclosure decree because the lender never properly served one of the property’s co-owners.
The Sixth District Court of Appeals reversed the Lucas County judgment on October 16, finding Union Home Mortgage Corporation had no evidence of service on one of two co-tenants. No service, no jurisdiction – and without jurisdiction, the order was void.
The loan is a $136,704 promissory note executed in August 2013, secured by a mortgage on a property in Sylvania, Ohio. A second co-tenant joined as a joint owner with survivorship rights by deed recorded in March 2017. The property also secured a $71,700 credit line from The Huntington National Bank, signed by both co-tenants in 2018…