Credit Union loses foreclosure judgment over one-day timing gap
Payments stopped in October 2024. Wright-Patt declared a default, accelerated the note, and filed for foreclosure in April 2025. Other parties with interests in the property included Riverside Bank of Dublin, which held a junior mortgage, and the Muskingum County Treasurer, which held a statutory tax lien.
The borrower and guarantor entered the case in September 2025 through a joint stipulation waiving service. After an extension, they filed their answer in November 2025, denying all claims and raising thirteen affirmative defenses.
Wright-Patt moved for summary judgment in January 2026. That part was routine.
What happened next was not.
On February 18, the borrower filed a motion under Ohio Civil Rule 56(F) asking the court to hold the summary judgment motion in abeyance while it gathered evidence. Wright-Patt filed its opposition on March 3. Under Civil Rule 6, the borrower then had seven days to file a reply.
