U. S. Bank Nat'l Assn. vs. Gullotta
Jul 30, 2008OUTCOME: Complete win, note ruled void. Client's house free of lien.
120 Ohio St.3d 399, 2008-Ohio-6268 (2008) Plaintiff Bank had voluntarily dismissed two foreclosure actions against Defendant and then filed a third action, which was dismissed (on remand) pursuant to ... Ohio Rule 41(A) "two dismissal rule". Subsequently, Defendant was granted quiet title in the premises. It was held that Plaintiff Bank was barred, by res judicata and Rule 41(A), from any action on the note and because the mortgage draws its essence from the note, the mortgage was unenforceable.
