Wells Fargo Bank, N.A. v. Herman

Citations

• 2018 Ohio 3700

Syllabus

In mortgage foreclosure action, trial court did not err by granting default judgment against homeowner who was served by publication in accordance with R.C. 2703.141. Appellant waived constitutional challenge to R.C. 2703.141 by failing to raise that argument in a Civ.R. 60(B) motion for relief from the trial court's judgment, and her constitutional claim lacks substantive merit. In addition, any defect in the proceedings leading to entry of default judgment against Appellant's heirs was harmless as those parties had no protectable legal interest. Finally, HUD Secretary's approval to accelerate loan was not required where HUD expressly disclaimed any interest in the subject property. Judgment affirmed.