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Hamilton v. Ohio Savings Bank

70 Ohio St. 3d 137, 637 N.E.2d 887 (1994)

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Hamilton v. Ohio Savings Bank

Ohio Supreme Court
70 Ohio St. 3d 137, 637 N.E.2d 887 (1994)

AR

Facts

Hamilton (plaintiff) received a mortgage from Ohio Savings Bank (defendant). When the mortgage was executed, Ohio gave Hamilton incorrect interest information based on a 365/360 day interest calculation that would leave the mortgage loan significantly underpaid by the end of the 30-year mortgage period. Hamilton sued Ohio for failing to give correct disclosures under the Truth in Lending Act. Ohio moved for summary judgment, arguing that Hamilton’s claim was time-barred under the statute of limitations because Hamilton brought his claim over one year after the mortgage’s execution. The trial court and the appeals court ruled in Ohio’s favor. Hamilton appealed to the Ohio Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Moyer, C.J.)

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