BAC Home Loans Servicing, LP v. Altizer
2012 Ohio 5378
Ohio Ct. App.2012Background
- Appellants David and Brenda Altizer executed a promissory note to Countrywide for $237,500 on Nov 13, 2006.
- The mortgage naming MERS as nominee for Countrywide, and later the note, were assigned to BAC Home Loans Servicing, LP (plaintiff) after merger with Bank of America.
- Appellants defaulted and plaintiff accelerated the debt, filing a foreclosure complaint on Oct 19, 2010, attaching the note, mortgage, and assignment.
- Appellants answered pro se, admitting contact with Bank of America regarding modification; no defenses or standing challenges were raised.
- Plaintiff moved to substitute Bank of America as plaintiff on Dec 8, 2011; summary judgment papers were filed Mar 20, 2012; court granted summary judgment on Jun 19, 2012.
- Appeal follows the trial court’s entry granting summary judgment and decree in foreclosure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff showed it was the holder of the note. | Appellee had standing, with attached documents showing ownership. | Appellants contend failure to follow local rule and lack of standing. | Yes; appellee established standing and compliance with Civ.R. 17; summary judgment affirmed. |
Key Cases Cited
- Wachovia Bank, N.A. v. Cipriano, 2009-Ohio-5470 (5th Dist. App. No. 09CA007 (Ohio)) (real party in interest requirement and standing considerations)
- U.S. Bank Natl. Assn. v. Bayless, 2009-Ohio-6115 (5th Dist. App. No. 09 CAE 01 004 (Ohio)) (standing and proof of ownership of note and mortgage)
- LaSalle Bank Natl. Assn. v. Street, 2009-Ohio-1855 (5th Dist. App. No. 08 CA 60 (Ohio)) (standing and real party in interest principles)
- Schwartzawald, Slip Opinion No. 2012-Ohio-5017 (Ohio Supreme Court (2012)) (real-party-in-interest principle and standing precedence)