Unknown Trustee of the XXX Living Trust
Your Address
Your State & ZIP Code
your Phone Number
your Email
Defendant in pro per
XXX COURT OF COMMON PLEAS
COUNTY OF XXX
XXX, LLC, §
Plaintiff, §
§
v. § Case No.: XXX
§
UNKNOWN TRUSTEE OF THE XXX§
XXX LIVING TRUST, §
Defendant. §
NOTICE OF PLAINTIFF’S MOTION TO VACATE FORECLOSURE JUDGMENT
TO ALL PARTIES AND ATTORNEYS OF RECORD:
You are hereby notified that on [Date], at [Time], Unknown Trustee of the George W.
Wagner Living Trust will bring on for hearing the following Motion to Vacate Foreclosure Judgment.
The basis of this motion rests on the provisions of Ohio Civ.R. 60(a), which expressly grants
the court the power to rectify clerical mistakes, oversights, or errors arising from the complex nature
of legal proceedings. This rule embodies a commitment to fairness and justice, allowing the court to
correct such mistakes either on its own initiative or upon the motion of any party involved in the case.
Unknown Trustee of the George W. Wagner Living Trust seeks relief under Ohio Civ.R.
60(a) not only for the correction of clerical errors but, more fundamentally, for the restoration of a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
fair and just legal landscape. The errors in communication procedures have had a disproportionate
impact on his fundamental rights and financial stability, necessitating the court’s intervention.
Unknown Trustee of the George W. Wagner Living Trust respectfully requests the court to
schedule a hearing for the motion to vacate the foreclosure judgment. This will provide an
opportunity for the court to consider the compelling circumstances outlined in the motion and to
exercise its discretionary authority in line with the principles embedded in Ohio Civ.R. 60(a).
Dated this _____ day of November, XXX
Respectfully Submitted,
___________________________________
Unknown Trustee of the XXXr Living Trust,
Defendant in pro per
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Your Full Name
Your Address
Your State & ZIP Code
your Phone Number
your Email
Defendant in pro per
OHIO COURT OF COMMON PLEAS
COUNTY OF XXX
XXX, LLC, §
Plaintiff, §
§
v. § Case No.: XXX
§
UNKNOWN TRUSTEE OF XXX LIVING TRUST, §
Defendant. §
NOTICE OF PLAINTIFF’S MOTION TO VACATE FORECLOSURE JUDGMENT
NOW COMES Unknown Trustee of the XXXX Living Trust, Defendant, and files this
Motion to Vacate Foreclosure Judgment, and for cause would show this Honorable Court as follows:
1. In the mediation proceedings, which transpired on [Date], both the Plaintiff and the Defendant
were actively involved in a concerted effort to explore avenues for an amicable resolution to
the legal matter at hand.
2. The collaborative engagement in mediation underscored a shared commitment to seek an
outcome that could potentially circumvent protracted legal proceedings, fostering an
environment conducive to mutual understanding and resolution.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3. During this session, the parties, represented by their respective legal counsels, participated in
thoughtful discussions and negotiations with the overarching goal of reaching a consensus
that would serve the interests of all involved parties.
4. Following the conclusion of the mediation process, a notable misstep transpired in the
communication procedures. In the aftermath of the case’s return to the court, pivotal
documents and notifications from both the court and the Plaintiff’s attorney found their way to
an email address that was erroneously believed to be associated with the legal counsel
representing the Defendant.
5. This miscommunication resulted in a series of events that significantly impacted the
Defendant’s ability to engage effectively in the legal proceedings. The erroneous association
of the email address with the Defendant’s legal representative led to a divergence in the
intended flow of information, creating a situation where crucial correspondence meant for the
Defendant was misdirected.
6. Regrettably, this communication breakdown occurred at a critical juncture, when the court
and the Plaintiff’s attorney were expected to convey essential updates and documentation
related to the ongoing legal proceedings. The misdirected communications not only caused
confusion but also hindered the Defendant’s timely and informed participation in the
subsequent stages of the case.
7. This incident underscores the importance of accurate communication in legal matters,
particularly during sensitive phases such as post-mediation proceedings. The unintentional
diversion of communications to an incorrect email address, purportedly associated with the
Defendant’s legal counsel, disrupted the flow of information and contributed to the subsequent
complications leading to the foreclosure judgment.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8. In the Counterclaim filed on XXX, the Defendant’s legal counsel took swift corrective
action by diligently providing the court with the accurate and up-to-date address for all future
communications. This proactive step was intended to rectify the earlier misdirection of
documents and notifications, ensuring that the court had the correct information to correspond
with the Defendant.
9. Despite this conscientious effort to remedy the situation, it regrettably transpired that the court
persisted in dispatching crucial documents and notifications to the initial incorrect email
address. The Defendant’s legal team, having taken the necessary steps to furnish the correct
information, expected that subsequent communications would accurately reflect the corrected
details. However, the oversight persisted, contributing to the continuation of misdirected
correspondence.
10. This ongoing discrepancy highlights the urgency of the Defendant’s motion, as it underscores
the persistent nature of the clerical oversight and the necessity for the court’s intervention to
rectify the communication errors that have impacted the proceedings. The Defendant seeks
the court’s acknowledgment of the corrective measures taken in the Counterclaim and a
comprehensive resolution to ensure the fair and just progression of the case.
11. The issuance of the foreclosure judgment against the Defendant stands as an unfortunate
consequence of clerical mistakes and oversights deeply embedded within the court’s
communication procedures. The gravity of these errors materialized as crucial documents and
notifications were inadvertently misdirected to an incorrect email address. This grievous
situation was further exacerbated by the court’s persistence in utilizing this erroneous
communication channel, even in the face of corrective actions taken by the Defendant in her
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Counterclaim. It is imperative to underscore that these circumstances manifestly and
unequivocally constitute a clerical error within the intricacies of the judicial process.
12. In a lamentable turn of events, an unwarranted judgment of foreclosure was regrettably issued
against the Defendant due to administrative oversights within the court’s communication
processes. It is imperative to underscore that, as a result of these regrettable oversights, the
Defendant found herself unable to actively engage in the court proceedings that ultimately
culminated in the issuance of the aforementioned foreclosure judgment.
13. The crux of the matter lies in the consistent misdirection of pivotal documents and
notifications to an erroneous email address. This series of administrative errors significantly
impeded the Defendant’s ability to participate meaningfully in the legal proceedings, thereby
depriving her of the opportunity to present a robust defense or address the concerns pertinent
to the case.
14. The gravity of the situation is underscored by the fact that, despite the Defendant’s attorney’s
diligent efforts to rectify the miscommunication by providing the correct address during the
Counterclaim dated 04/28/2023, the court persisted in sending crucial documents and
notifications to the initially incorrect email address. This persistence exacerbated the impact
of the oversight, resulting in a foreclosure judgment being handed down without affording the
Defendant the fair and due process she is entitled to under the law.
15. The Defendant, in emphasizing her inability to actively participate in the proceedings leading
to the foreclosure judgment, seeks to bring to the court’s attention the inherent injustice
stemming from these administrative lapses. It is crucial to recognize that the right to a fair and
impartial legal process is foundational to the principles of justice, and its compromise in this
instance warrants a thorough and corrective examination.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16. Therefore, in light of these compelling circumstances, the Defendant fervently seeks the
court’s consideration and intervention to rectify the unwarranted foreclosure judgment. This
plea aligns with the overarching objective of ensuring the integrity of the legal process and
upholding the principles of justice that form the bedrock of our legal system.
17. The legal recourse sought through this motion finds its foundation in the robust authority
enshrined in Ohio Civ.R. 60(a), a rule that stands as a stalwart guardian of justice within the
intricate framework of legal proceedings.
18. This rule, with its explicit and purposeful provisions, endows the court with the power to
rectify mistakes at any juncture of the legal process.
19. It is a cornerstone of procedural fairness, designed to address the inevitability of errors within
the complex fabric of legal proceedings and, as a safeguard, provides a procedural mechanism
to rectify them.
20. Ohio Civ.R. 60(a) exemplifies a profound commitment to the fair and just administration of
justice by granting the court discretionary authority to correct errors, whether on its own
initiative or at the behest of any party involved in the case.
21. In the present matter, the clerical mistakes and oversights in the court’s communication
procedures align with a precision that mirrors the circumstances envisioned by Ohio Civ.R.
60(a).
22. This rule serves as a critical instrumentality to address situations wherein the inadvertent
nature of errors can have profound consequences. It recognizes the inherent fallibility within
legal proceedings and affirms the importance of corrective measures to maintain the integrity
of the justice system.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
23. The Defendant, cognizant of the transformative potential embedded in Ohio Civ.R. 60(a),
respectfully implores the court to exercise its discretionary authority and consider this motion
to vacate the foreclosure judgment.
24. The Defendant’s reliance on this rule extends beyond a mere quest for correction of clerical
errors; it is a call for the restoration of a fair and just legal landscape. These errors have had a
disproportionate impact on the Defendant’s fundamental rights and financial stability,
warranting the court’s careful consideration and intervention.
REASONS WHEREFORE, PREMISES CONSIDERED, Unknown Trustee of the George W.
Wagner Living Trust respectfully requests this Honorable Court to GRANT this Motion and vacate
the foreclosure judgment issued.
Dated this _____ day of November, XXX
Respectfully Submitted,
___________________________________
Unknown Trustee of the XXXr Living Trust,
Defendant in pro per
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )