Plaintiff accuses defendant homeowner’s estate management violation amid foreclosure dispute

The ongoing legal battle over a foreclosure case in Guernsey County, Ohio, highlights the complexities of property rights and creditor claims. On February 13, 2026, Plaintiff William Weese filed an appeal against Christina Dalton and others in the Court of Appeals for Guernsey County, Ohio. The appeal stems from a dispute involving the foreclosure of a home owned by Christina Dalton, which Weese argues should be sold to satisfy a judgment debt owed to him by Christina’s late husband, Charles Dalton.

The roots of this legal saga trace back to 2017 when Charles Dalton, a homebuilder and remodeler, was contracted by Weese for renovation work at his Coshocton County residence. Dissatisfied with the work, Weese sued Charles for breach of contract and fraud. In March 2018, the Coshocton County court awarded Weese nearly $88,000 in damages but dismissed his fraud claim against Charles. Following this judgment, Weese filed a certificate of judgment in Guernsey County where Charles and Christina owned property.

In January 2020, Charles Dalton passed away without leaving a will. This led to further complications as another creditor, Larry Lang, had also secured a judgment against Charles for failed home improvement work amounting to over $22,000. Lang had previously attempted foreclosure on the Dalton property but was blocked by the homestead exemption under R.C. 2329.66.

Weese’s current appeal challenges the trial court’s decision that upheld Christina Dalton’s right to claim the homestead exemption on her residence. While acknowledging that Weese holds a valid lien on the property, the appellate court agreed with Christina’s entitlement to this exemption but reversed part of the lower court’s ruling that exempted her entire home from foreclosure proceedings.

Weese contends that his inability to pursue fraud claims against Charles should not preclude him from foreclosing on the property now owned solely by Christina. However, the doctrine of res judicata bars him from relitigating issues already decided in previous lawsuits.

In terms of relief sought, Weese aims for judicial permission to proceed with foreclosure despite Christina’s homestead exemption claim. The appellate court remanded parts of the case back to trial court for further proceedings regarding whether any portion of Christina’s home value remains subject to sale.

Representing William Weese is attorney Brian W. Benbow from Zanesville; defending Christina Dalton are Ryan A. McCarthy and Jesse W. Moses from Legal Aid of Southeast and Central Ohio; while Matthew C. Carlisle represents Larry Lang through Theisen Brock law firm based in Marietta. Judges presiding over this appellate decision include William B. Hoffman, Andrew J. King (who concurs separately), and David M. Gormley who authored significant portions addressing complex procedural matters such as claim preclusion principles applied herein—Case ID: 25 CA 000012.