cognovit promissory note

• Chattree v. Chattree, (Ohio 2011)

Cognovit promissory note; res judicata; directed verdict

• Ohio Supreme Court

• Century Natl. Bank v. Gwinn, (Ohio 2012)

The trial court did not err in granting judgment on a cognovit promissory note; however, it was error to grant foreclosure on a mortgage without complying with notice and service of process provisions. Judgment affirmed in part and reversed in part.

• Ohio Supreme Court

• Buehler v. Mallo, (Ohio 2010)

Trial court did not err in denying appellant's motion for relief from cognovit judgment. Cognovit promissory note complied with the requirements of R.C. 2323.13(D).

• Ohio Supreme Court

• Keybank Natl. Assn. v. Liberty Holding Group, L.L.C., (Ohio 2011)

FORECLOSURE; MORTGAGE; PROMISSORY NOTE; SUMMARY JUDGMENT; COGNOVIT NOTE.

• Ohio Supreme Court

• FirstMerit Bank v. Hortpro, Inc., (Ohio 2008)

cognovit promissory note, replevin, res judicata

• Ohio Supreme Court

• Cook Family Invests. v. Billings, (Ohio 2006)

Promissory note, cognovit, 60(B), motion to vacate judgment, meritorious defense, operative facts.

• Ohio Supreme Court

• BJ Bldg. Co., L.L.C. v. LBJ Linden Co., L.L.C., (Ohio 2005)

Trial court had subject matter jurisdiction to enter a judgment by confession based on a warrant of attorney contained in a cognovit promissory note. The trial court properly denied the defendants’ Civ.R. 60(B) motion, because the cognovit judgment was interlocutory and defendants failed to present a meritorious defense. The warrant of attorney was not void as against public policy. Judgment affirmed. (J. Fain concurring).

• Ohio Supreme Court

• Lorain Natl. Bank v. AC DC Leasing, Inc., (Ohio 2010)

Promissory note; cognovit judgment; Civ.R. 60(B); motion to vacate; final appealable order; dismissal with prejudice; Civ.R. 41; Civ.R.41(B); involuntary dismissal; notice required for involuntary dismissal.

• Ohio Supreme Court

• Bank One v. DWT Realty, Inc., (Ohio 2006)

Default on a cognovit promissory note; defendant’s answer to the complaint constitutes an appearance in the action, even though the answer confessed judgment on the note; R.C. 2329.13 requires notice to the party whose goods will be sold upon execution sale; an order confirming an execution sale contains an implicit finding that notice requirements were met and that parties were not prejudiced by lack of notice; Appellants failed to allege prejudice, and also waived notice requirements by agreeing to the terms of the cognovit note; a premature appeal is treated as being filed immediately after the entry; App.R. 4(C).

• Ohio Supreme Court

• First Merit bank, N.A. v. NEBS Financial Servs., Inc., (Ohio 2006)

Promissory note; guaranty; default; bankruptcy; debtor’s exam; cognovit judgment; meritorious defense.

• Ohio Supreme Court