Plaintiff's Motion for Default Judgment
(Foreclosure) (OH)

Summary

This Plaintiff's Motion for Default Judgment may be filed by a plaintiff/mortgagee in a foreclosure action in Ohio to seek a default judgment against the defendant(s)/mortgagor(s) for failure to file an answer in the case. This template contains practical guidance and drafting notes. This template may be used in connection with a commercial or residential foreclosure. In Ohio, judgment in a foreclosure action is obtained by the same method as judgment in any other civil litigation. Thus, pursuant to Ohio Civ. R. 55, the plaintiff in a foreclosure action can make a motion for default judgment any time after the time to answer has expired—generally, on the 29th day after service since a defendant has 28-days from the date of service to move or plead to the complaint. However, if the property is residential, the regulations of the Consumer Financial Protection Bureau may prevent the plaintiff from moving for judgment in a foreclosure when it is otherwise ripe to do so. 12 C.F.R. § 1024.41(g) outlines the possible provisions that can apply and should be assessed prior to moving for judgment. Generally, if a complete loss mitigation application is under review, the plaintiff cannot file for judgment until a rejection is processed (either the plaintiff or the borrower) or the loss mitigation fails. Before the judgment is entered by the court, the plaintiff must file a final judicial report (FJR). Ohio Rev. Code Ann. § 2329.191(B). The FJR updates the court's record with the state of title between the effective date of the preliminary judicial report filed by the plaintiff and the date of lis pendens and must include a copy of the court's docket. The date of lis pendens is now the date the complaint was filed. Ohio Rev. Code Ann. § 2703.26. In addition, the plaintiff must file an affidavit regarding military status (see Affidavit Regarding Military Status (Foreclosure) (OH)) and, in some jurisdictions, an affidavit for judgment (see Affidavit of Judgment (Foreclosure) (OH)). Some jurisdictions and/or judges require an affidavit of damages or otherwise from the movant even though Ohio Civ. R. 55 does not require the same. Therefore, these allowances should be accounted for when filing such a motion. For further guidance see Commercial and Residential Mortgage Foreclosure (OH) and Foreclosure Resource Kit (OH). For general guidance on lending in Ohio, see Commercial Real Estate Financing Transactions (OH) and Commercial Real Estate Financing (OH). For more information, see Real Estate State Law Comparison Tool and First Year Associate Resource Kit: Real Estate.