U.S. v. Childers, 152 Ohio App. 3d 622, 789 N.E.2d 691 (Ohio Ct. App. 2003)

The court reversed a lower court decision granting summary judgment to Farmers Home Administration in a foreclosure action. The court held that the borrower is entitled to show that she asked for moratorium assistance from Farmers Home Administration and that no one responded to her request for assistance. Since a borrower is entitled to file an application for assistance, the fact that the agency did not assist her violates her statutory rights and precludes the entry of summary judgment. The court also rejected the Farmers Home Administration’s argument that the borrower was not entitled to moratorium relief because the loan had been accelerated. The court concluded that the issue of eligibility for moratorium relief arose before the acceleration and the prohibition against post-acceleration moratorium is irrelevant in this case.