BAC Home Loans Servicing, L.P. v. Meister
2013 Ohio 873
Ohio Ct. App.2013Background
- BAC Home Loans Servicing, L.P. foreclosed on Meister’s property for default on a note of $84,011.41; Meister was served but did not respond; default judgment entered May 12, 2010; no appeal from that judgment; Meister moved for relief under Civ.R. 60(B) on Feb. 24, 2012 alleging fraud on the court; sheriff’s sale occurred, property sold to BAC for $52,000; trial court denied the 60(B) motion and later confirmed the sale and denied a stay; this appeal challenged the 60(B) ruling and the sheriff’s sale on standing and due process grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had subject-matter jurisdiction to hear the foreclosure. | Meister contends lack of standing/ownership voids jurisdiction. | Meister argues BAC lacked ownership of the note and thus standing. | Standing was jurisdictional and satisfied; court affirmed on this issue. |
| Whether the Civ.R. 60(B) motion was timely and properly grounded in fraud. | Meister asserts fraud by BAC regarding ownership of the note. | BAC owned the note at filing; timely filing required; 60(B)(5) not a proper vehicle for fraud here. | 60(B)(1)-(3) grounds untimely; 60(B)(5) not misuse; no reversible error. |
| Whether the court should have held a hearing on Meister’s 60(B) motion. | A hearing was warranted to verify operative facts. | No specific operative facts alleged; hearing not required. | No automatic hearing; court did not abuse discretion. |
Key Cases Cited
- Jones v. Suster, 84 Ohio St.3d 70 (Ohio 1998) (standing not jurisdictional (at that time) and curable via Civ.R. 17)
- Fed. Home Loan Mtge. Corp. v. Schwartzwald, 134 Ohio St.3d 13 (2012) (standing jurisdictional; determined at start of suit; real party in interest required; cannot cure by assignment)
- Fed. Home Loan Mtge. Corp. v. Rufo, 2012-Ohio-5930 (11th Dist.) (overruled Cart, Yeager, Behren, Shaffer to the extent inconsistent with Schwartzwald; standing required at filing)
- Aurora Loan Servs., LLC v. Cart, 2010-Ohio-1157 (11th Dist. Ohio) (standing not jurisdictional prior to Schwartzwald)
- Waterfall Victoria Master Fund Ltd. v. Yeager, 2012-Ohio-124 (11th Dist.) (standing analysis in foreclosure)
- Everhome Mortgage Co. v. Berhrens, 2012-Ohio-1454 (11th Dist.) (standing and foreclosure issues)
- Bank of New York Mellon Trust Co., N.A. v. Shaffer, 2012-Ohio-3638 (11th Dist.) (standing/assignment considerations in foreclosure)