U.S. Bank N.A. v. Clarke

Citations

• 234 N.E.3d 1156
• 2024 Ohio 278

Syllabus

The trial court erred in granting summary judgment to appellee-mortgagee in a foreclosure action where mortgagee failed to establish that it had sent a notice of default to appellant-mortgagor. The record does not establish that the trial court erred by overruling mortgagor's motion to enforce a settlement agreement where mortgagor was unable to make the payment required by the settlement agreement, the trial court rescinded the settlement agreement, the trial court reactivated the case on the active trial docket, and the case was then voluntarily dismissed without prejudice pursuant to Civ.R. 41. The record does not establish that the mortgagee failed to file its foreclosure action within the applicable statute of limitations. Judgment reversed and remanded.