Bank of New York v. Elliot, 2012 Ohio 5285

Bank of New York filed foreclosure against the Elliots for default on note and mortgage on real property in 2012-Ohio-5285.
Service on the Elliots occurred via certified mail and the Elliots later appeared to contest the action.
The court granted default judgments and ultimately ordered foreclosure and sheriff’s sale; Aeon Financial, LLC was added as a new-party defendant.
The Elliots sought Civ.R. 60(B) relief from judgment, which the trial court denied after a merits and timeliness review.
Following mediation attempts, the sale was confirmed and the Elliots appealed the denial of relief from judgment.
The appellate court affirmed, finding proper service, waiver of defenses, and lack of entitlement to Civ.R. 60(B) relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court had personal jurisdiction over the Elliots	Bank of New York asserts proper service and consent/waiver.	Elliots contend no valid service or jurisdiction.	Yes; jurisdiction found due to valid service and waiver.
Whether the Civ.R. 60(B) motion to vacate judgment was timely and meritorious	N/A (Elliots seeking relief)	Elliots claim excusable neglect and extraordinary circumstances warrant relief.	Unpersuasive; motion untimely and not justified by excusable neglect or extraordinary circumstances.

Slomovitz v. Slomovitz, 8th Dist. No. 94499, 2010-Ohio-4361 (Ohio 8th Dist. 2010) (absence of personal jurisdiction requires proper service or appearance; waiver possible)
Money Tree Loan Co. v. Williams, 169 Ohio App.3d 336, 862 N.E.2d 885 (Ohio 8th Dist. 2006) (proper service by mail suffices under Civ.R. 4.3(B)(1) and Civ.R. 5)
Lincoln Tavern, Inc. v. Snader, 165 Ohio St. 61, 133 N.E.2d 606 (1956) (voidness of a judgment rendered without personal jurisdiction)
Clark v. Glassman, 2003-Ohio-4660 (Ohio App. Dist. 2003) (service by certified mail valid even if receipt signed by different person)