Countrywide Home Loans Servicing, L.P. v. Nichpor

{¶ 1} In a foreclosure action, the mortgage company filed a notice of voluntary dismissal pursuant to Civ.R. 41(A)(1)(a), after a default judgment had been entered in favor of the mortgage company and the property was sold at a sheriffs sale. The mortgage company then refiled its complaint in foreclosure. The trial court rejected the borrowers’ claim that the action was precluded by res judicata and again granted an order of foreclosure. The appellate court affirmed, concluding that a foreclosure action is a two-part process consisting of an order of foreclosure and an order confirming the…