First Fin. Bank, FSB v. Doellman, 2013 Ohio 1383

First Financial Bank, FSB foreclosed after assigning the note and mortgage to U.S. Bank, N.A.
Trial court entered judgment of foreclosure; this court later remanded for trial on remaining issues.
Magistrate found U.S. Bank entitled to foreclose for default and that notice of default was properly provided.
May 5, 2004 demand letter was mailed to the Doellmans at the property address; certified mail unclaimed, ordinary mail also used.
Doellmans testified they never received the May 5 letter; the trial court credited credibility to the bank’s evidence that mailing created a presumption of receipt via ordinary mail.
Doellmans argued they attempted to cure and offered money after the cure period; court concluded no timely cure and accelerated the loan.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there a required notice of default actually received?	Bank mailed a proper default notice with 30-day cure period; ordinary mail creates presumptive receipt.	Doellmans did not receive the May 5, 2004 notice; mailing alone cannot prove actual receipt.	No reversible error; presumption supported by ordinary-mail delivery; not clearly against weight of the evidence.
Did Doellmans have a timely opportunity to cure before acceleration and foreclosure?	Doellmans failed to cure within the cure period and later payments were insufficient to bring current.	Doellmans attempted to cure with $4,000 and additional payments but Bank refused because cure was past due.	No reversible error; court found Doellmans failed to cure and Bank accelerated per the note and mortgage.

Cantrell v. Celotex Corp., 105 Ohio App.3d 90 (Ohio App. Dist. 1st Dist.1995) (rebuttable mailbox rule; receipt can be presumed from mailing)
Wilborn v. Bank One Corp., 2009-Ohio-306 (Ohio Supreme Court, 2009) (consideration of amounts owed including enforcement costs in curing default)
Eastley v. Volkman, 132 Ohio St.3d 328 (2012-Ohio-2179) (standard for manifest-weight review; deference to trial court findings)