Before Dismissing A Foreclosure Complaint ...

Law360, New York (April 27, 2010, 5:56 PM EDT) -- A 2008 ruling by the Ohio Supreme Court may surprise mortgage lenders. It may also impact compromises with defaulting borrowers. The decision, U.S. Bank Nat’l Assoc. v. Gullotta (2008), 120 Ohio St.3d 399, may limit the number of times a lender may file a foreclosure action seeking to recover the full amount due on a note and mortgage.

Rule 41(A) of the Ohio Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a lawsuit, without prejudice. “Without prejudice” means that the plaintiff may refile the...
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