United Guar. Residential Ins. Co. of N. Carolina v. Hall

Citations

• 2019 Ohio 3593

Syllabus

The trial court did not commit plain error in failing to find the appellee's complaint for judgment on a promissory note barred by R.C. 2329.08. The statute places a two-year time limit on enforcing a judgment after confirmation of a judicial sale of property. It applies to a judgment on a debt secured by a mortgage. It applies when the judgment is obtained before a judicial sale, and it imposes a time limit for enforcing the judgment on any deficiency that exists after the sale. Here the appellee did not obtain a money judgment on a debt secured by a mortgage prior to a judicial sale that left a deficiency owed. Rather, the appellee brought its own separate action on a promissory note after a first mortgage holder successfully had pursued a foreclosure action against the appellant and a sheriff's sale of the appellant's property. Therefore, R.C. 2329.08 did not apply. Judgment affirmed.