Lewis v. Fifth Third Mortgage Co.

Because the record clearly establishes that a diligent search for service of process was not conducted by Fifth Third Mortgage Company, the default and final judgment of foreclosure entered against Ms. Lewis must be vacated. Accordingly, I respectfully dissent.

*162As the following record evidence was not provided in the majority opinion and it is essential to the legal analysis establishing why the judgment must be vacated, that evidence will be briefly addressed. Ms. Lewis, who purchased her home in 1996, faithfully and timely made all of her mortgage payments. In the summer of 2005, the…