This is the run down: County began foreclosure proceedings because of back taxes. All those listed as lienholders on the county records were sent a copy of the court papers to answer. The first mortgage holder answered the suit and file a motion for crossclaim to be the first lienholder and to foreclose on the property. The first mortgage holder was granted their crossclaim (keep in mind that their case# for the crossclaim is the same as the county's orginal case# for foreclosure of backtaxes). The county gets paid in full for the back taxes and dismisses their suit. Meanwhile, simultaneously, the first mortgage holder is still going strong with their crossclaim. They do not send any paperwork certified mail to anyone. The first morgage holder receives a default judgement for foreclosure and proceeds to have the house auctioned off by the the county sheriff. First question, if the original suit filed by the county was dismissed, is it possible that the crossclaim should have automatically been dismissed also? To attempt to set aside the entry of default judgement: 1. improper service 2. incorrect balance 3. original suit was dismissed (?) BTW, this is in Ohio. Any help would really be appreciated.
Straight Talk | | Answer and Crossclaim? 1*The county gets paid in full for the back taxes and dismisses their suit. 2*Meanwhile, simultaneously, the first mortgage holder is still going strong with their crossclaim. 3*They do not send any paperwork certified mail to anyone. 4*The first mortgage holder receives a default judgment for foreclosure and proceeds to have the house auctioned off by the county sheriff. 5*First question, if the original suit filed by the county was dismissed, is it possible that the crossclaim should have automatically been dismissed also? sirrowan ================== 1 & 2*There is no suit so there isn't anything to file a cross claim on. 3* No paper work -improper service. 4*No court trial so how can the judgment be legal? 5*I would think so because how can you cross claim on a suit that doesn't exhist? It appears that the mortgage co. got their wires crossed because they weren't aware the suit was canceled.
You at least need the advice of an attorney. For less than $200 you should be able to consult with an attorney and find a definate answer to all of your questions.
I was just going through some old paperwork and there is more. Let me make a few corrections. 1. The original suit? There was an agreed judgement entered so that there could be an installment agreement to pay back taxes. 2. The crossclaim was still unknown and not served properly. 3. The crossclaim still received a default judgement. It was treated like a separate suit. 4. The original suit was dismissed/closed with prejudice (meaning that the county can come back and reopen the default judgement and sell the property without having to go back through the suit process if the taxes get behind again). 5. The crossclaim still has the wrong balances. There is an attorney. He is worthless. Yes, there needs to be a switch in attorneys. I must first convince the person being sued of this. I was hoping that there would be someone out there who has been through a similar ordeal and could make some sense of all of this.
