Ohio Supreme Court says foreclosure appeals survive after the sale closes
The borrower fought back and filed counterclaims. Both sides sought summary judgment – a decision without a full trial – and on January 11, 2024, the trial court ruled for Wells Fargo and entered a foreclosure judgment.
Events moved quickly. The sheriff received the order of sale on February 7, 2024. The borrower appealed and asked to pause the sale; the trial court refused. On May 6, 2024, the property sold at public auction to a third party.
She then asked the court to delay confirming the sale and distributing the money. The judge set a price for that pause: a supersedeas bond of $472,905 – a security deposit protecting the other side during an appeal – due within 21 days. It was not posted. On July 2, 2024, the court confirmed the sale and ordered the deed handed to the buyer.
With the proceeds distributed and no stay in place, the appeals court asked whether the appeal was now pointless, or “moot.” Wells Fargo argued it was: once the money is paid out, nothing is left to fix. The Eighth District agreed and dismissed the appeal.
The Supreme Court reversed. It relied on an Ohio statute, R.C. 2329.45, which lets a court order restitution – money paid back – when a foreclosure judgment is later overturned. That remedy, the court held, survives distribution of the proceeds. So the appeal is not moot.
