Mutual Finance Co. v. Politzer

In this case, it is conceded that the plaintiff-mortgagee failed to comply with the requirements of Section 1319.07, Revised Code, as to notice.

In Cities Service Oil Co. v. Burkett (1964), 176 Ohio St. 449, 200 N. E. 2d 314, this court held that a chattel mortgagee, who fails to comply with the notice requirements of Section 1319.07, Revised Code, is precluded from collecting from the chattel mortgagor a deficiency on the indebtedness secured by the chattel mortgage.

However, plaintiff contends that the agreement, evidenced by the written agreement of September 3,1965, may in effect operate as…