Ohio appeals court upholds foreclosure default after borrower skips response
Representing herself on appeal, the borrower argued the trial court violated her due process rights by granting default judgment without adequate notice. She said she received the mailed hearing notice only on the day of the March 9, 2026 hearing, with no time to attend or mount a defense.
Her central argument turned on Ohio Civil Rule 55(A). When a defendant has appeared in a case – even informally, through contacts signaling an intent to defend – the court must give seven days’ notice before entering default judgment. The borrower claimed out-of-court refinancing discussions with Cross Country Mortgage met that standard.
The appeals court found no evidence of those negotiations in the trial court record. The borrower’s claim rested on assertions in her appellate brief, which the court said it could not consider. A reviewing court is limited to what was before the trial court.
Without record evidence of an appearance, the default judgment was proper.
The court rejected two related arguments. Ohio law treats mailed service as constitutionally sufficient, and service is complete upon mailing – not delivery. The clerk mailed notice on February 10, 2026, and nothing in the record rebutted that presumption.
