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National Packaging Corp. v. Belmont

547 N.E.2d 373 (1988)

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National Packaging Corp. v. Belmont

Ohio Court of Appeals

547 N.E.2d 373 (1988)

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Facts

National Packaging Corporation (National) (plaintiff) obtained a judgment against Michael Bolan. National certified the judgment with Bolan’s name spelled incorrectly as “Bolen.” Bolan’s ex-wife Elaine Belmont (defendant) brought a foreclosure action on property that Bolan owned. Belmont bought the property at the foreclosure sale. Because National’s judgment was recorded with the incorrect name, it did not receive notice of the foreclosure and failed to protect its interest in the property. Belmont later sold the property to Richard and Vera DeCamp (defendants). After this sale, National brought a foreclosure action based on its judgment interest. The trial court granted the defendants summary judgment. National appealed, arguing for application of the doctrine of idem sonans, and a finding that the defendants had constructive notice of its interest in the property.

Rule of Law

Issue

Holding and Reasoning (Doan, J.)

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