Littlejohn v. Parrish

Mark P. Painter, Judge.

{¶ 1} May a mortgagor prepay a note secured by real estate when the note states that prepayment is subject to the mortgagee’s approval, but does not contain language that consent shall not be unreasonably withheld? And is the contract subject to an implied term of good faith and fair dealing? We find very little Ohio law on the subject, and what there is we believe to be mistaken. We answer yes to both questions.

{¶ 2} Plaintiffs-appellants Roger and Joan Littlejohn appeal the trial court’s summary judgment in favor of defendants-appellees Donald and Elaine Parrish.…