Summary
The Ohio Second District Court of Appeals affirmed a trial court's default judgment in a tax foreclosure action initiated by the Montgomery County Treasurer. The court found that service by publication was proper after multiple failed attempts at certified mail and commercial carrier delivery, establishing personal jurisdiction over the defendant. The appellate court also rejected the appellant's requests for a stay or redemption opportunity, ruling that notice of the final judgment was not required for a party who failed to appear.
Topics
Practice areas
Questions Presented
- Whether service by publication complied with R.C. 5721.18 and thus established personal jurisdiction over Anderson.
- Whether the default judgment should be set aside, stayed, or whether Anderson is entitled to notice of the judgment or a right to redeem the property.
Holdings
- Service by publication was proper and satisfied the jurisdictional requirements; the trial court did not err in permitting it.
- Anderson's requests for a stay, redemption opportunity, and notice of judgment are overruled; the default judgment is affirmed.
Key quotations
“The service by publication was performed in a manner reasonably calculated to apprise Anderson of the action and to afford her an opportunity to respond.” (¶ 20)
“Accordingly, Anderson’s challenge to the default judgment based on lack of service is overruled.” (¶ 20)
Factual background
Treasurer John McManus filed a tax foreclosure complaint against Heather Anderson alleging delinquent taxes on a residential property. Service attempts by certified mail and FedEx failed; the prosecutor then obtained an affidavit and secured service by publication for three consecutive weeks. Anderson did not answer, and the trial court entered a default judgment foreclosing the property.
Procedural history
The trial court entered a default judgment foreclosing the plaintiff's tax lien after service by publication was authorized. The appellant appealed, arguing lack of proper service and seeking a stay, redemption opportunity, and notice of judgment.