Foreclosure Problems

With the increasing number of foreclosures on the Medina County Common Pleas Court's docket, there has been an increasing number of requests for default judgment. Usually these requests are granted but increasingly we are running into problems with the named plaintiff having an interest in the property.

This is what happens: a financial institution files a foreclosure action and with the action files a preliminary judicial title report. That report shows all the parties who have an interest in the property. Often the financial institution that filed the foreclosure action is not listed on the preliminary judicial title report. We don't know why the plaintiff is bringing the action. We assume that it is because there was an assignment of the mortgage and promissory note, but we don't know that from the preliminary judicial title report or from the pleadings.

When that happens, we deny the motion for default judgment and order the plaintiff to provide proof within 60 days of their interest in the mortgaged premises. It would be far better from our perspective if that information was provided to the Court when the complaint is filed.