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Consumer Law Keyed to Whaley, 9th Ed.
Stone v. Davis
Citation:
66 Ohio St. 2d 74, 419 N.E.2d 1094 (1981)Facts
Danny and Judy Davis, a young married couple encountering the mortgage loan process for the first time, approached Ashtabula County Savings & Loan Company for a mortgage loan in 1972. During the loan processing, Ashtabula S & L used a Regulation Z disclosure form to discuss mortgage insurance with the Davises. Danny Davis indicated his desire for mortgage insurance on the form. However, Ashtabula S & L negligently failed to follow its customary policy of informing customers that they must procure mortgage insurance themselves. The Davises, relying on Ashtabula S & L’s expertise and believing the bank had procured the insurance on their behalf, never discovered that no insurance had been obtained. In July 1975, Danny Davis died unexpectedly. When Judy Davis sought to use mortgage insurance proceeds to satisfy the loan, she discovered no insurance existed, leaving her liable for the full mortgage debt.
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