Affidavit of Judgment
(Foreclosure) (OH)

Summary

This Affidavit of Judgment may be filed by a plaintiff/mortgagee in Ohio that is seeking a default or summary judgment in a foreclosure action. This template contains practical guidance and drafting notes. This template may be used in connection with a commercial or residential foreclosure. In Ohio, the judgment in a foreclosure action is obtained by the same method as a judgment in other civil litigation. As a result, the Ohio Civil Rules outline when a judgment can be filed – generally, any time after the answer period expires (Ohio Civ. R. 55) or the answer is filed (Ohio Civ. R. 56). Whether an affidavit for judgment must be filed in conjunction with the motion depends upon what type of judgment is being sought (default judgment or summary judgment) and the individual jurisdiction. While Ohio Civ. R. 56 allows the plaintiff to move for summary judgment without an affidavit, generally, an affidavit from the plaintiff, or its agent, is recommended. For Ohio Civ. R. 55, the jurisdictions in Ohio are split on whether an affidavit is needed, and the local rules and judicial preference should be followed. What needs to be in the affidavit to discharge the movant's burden varies between the jurisdictions and how the matter is litigated. In some instances, an affidavit simply laying a foundation and stating that the loan is in default is sufficient. See e.g., Bank One, N.A. v. Swartz, 2004-Ohio-1986 (Ct. App.). Generally, however, it is recommended to include copies of the note (include indorsements and/or allonges), mortgage, assignment (if applicable), the notice of default, and payment history. If other issues are relevant in the case (e.g., HUD pre-foreclosure face-to-face requirement), then documentation and testimony regarding those issues should be included in the affidavit. For further guidance see Commercial and Residential Mortgage Foreclosure (OH) and Foreclosure Resource Kit (OH). For motion for judgment templates see Plaintiff's Motion for Default Judgment (Foreclosure) (OH) and Plaintiff's Motion for Summary Judgment (Foreclosure) (OH). For more information, see Real Estate State Law Comparison Tool and First Year Associate Resource Kit: Real Estate.