Ohio FRAUDclosure emailed two (2) attorneys - from two different OHIO counties -Thanks to OHIO attorney (BB) for the below written emailed answer for William Roper on behalf of HOMEOWNER
Ohio Revised Code Section 2305.19 provides that the Plaintiff has one (1) year from the date of dismissal to re-file the action. below
2305.19 Saving in case of reversal.
(A) In any action that is commenced or attempted to be commenced, if in due time a judgment for the plaintiff is reversed or if the plaintiff fails otherwise than upon the merits, the plaintiff or, if the plaintiff dies and the cause of action survives, the plaintiff’s representative may commence a new action within one year after the date of the reversal of the judgment or the plaintiff’s failure otherwise than upon the merits or within the period of the original applicable statute of limitations, whichever occurs later. This division applies to any claim asserted in any pleading by a defendant.
HOWEVER, most defendants ignore the language “or within the period of the original applicable statute of limitations, whichever occurs later.” If the statute of limitations has expired at the time the case is voluntarily dismissed, THEN the Plaintiff would have one (1) year from the date of the voluntary dismissal to re-file the complaint.
In addition, a foreclosure action is an action upon a written contract. The statute of limitations on such an action in Ohio is fifteen (15) years. As such, it is very unlikely that the statute of limitations had expired prior to the date of the voluntary dismissal. As a result a Plaintiff would have the remaining period of time under the original statute of limitations within which to refile the lawsuit.
A more specific statute of limitations for a claim (for foreclosure) brought pursuant to a negotiable instrument is six (6) years from the date of the acceleration. R.C. 1303.16(A).
A question would then arise as to whether original suit was brought pursuant to the note (6 years) or if on the mortgage (15 years) based upon the doctrine of merger. (BB)
William (& Homeowner) - No specific case law was researched by ohio FRAUDclosure and we relied upon the above email to provide our answer - but it is obvious that a claim must be re-filed ....... in a time that would appear...... to be well after 1 year from the date of the dismissal.