Background
Andria Michelle Gosnell bought a Trotwood, Ohio residence in 2021 with a mortgage loan originally made by TCF National Bank. Huntington National Bank, which received an assignment of the mortgage in October 2025, sued Gosnell for foreclosure in November 2025, alleging she had defaulted and owed $63,569.95 plus interest and charges.
Huntington initially attempted certified-mail and personal service at the mortgaged property, 332 South Broadway Street. The process server reported unsuccessful attempts but stated that a neighbor confirmed Gosnell lived there. Huntington then made several unsuccessful service attempts at nearby 348 South Broadway Street, where returns said Gosnell did not reside, and obtained an order for publication service. After Gosnell did not answer, the trial court entered a default foreclosure judgment.
The Court’s Holding
The Second District vacated the foreclosure judgment and remanded. A valid judgment requires personal jurisdiction, and service must comply with the civil rules and due process. Although Huntington filed an affidavit supporting publication service, the record rebutted its assertion that Gosnell’s residence could not be found with reasonable diligence.
Huntington had information indicating that Gosnell resided at 332 South Broadway, including the process server’s report and the county auditor information. Yet it made no further effort to serve her there after the initial attempts, and it gave no explanation for shifting its efforts to 348 South Broadway. Publication therefore did not cure the failure to take the necessary steps to serve Gosnell under Civ.R. 4.1 before resorting to publication. The court also rejected Huntington’s assertion that Gosnell herself received ordinary-mail service; that mailing was addressed to her unknown spouse.
Key Takeaways
- Service by publication cannot substitute for reasonable efforts to serve a defendant at an address the record indicates is current.
- An affidavit asserting reasonable diligence creates only a rebuttable presumption; the record may show the asserted diligence was inadequate.
- A default foreclosure judgment entered without proper service violates due process and must be vacated.
Why It Matters
Foreclosure plaintiffs must document and pursue available service methods before seeking publication. Information in a process-server return or property records indicating that a borrower remains at the mortgaged address may require additional efforts there, even if an initial attempt fails.
The decision also underscores that service on a co-defendant, such as an unknown spouse, does not establish personal jurisdiction over the borrower.