Bank of Am., N.A. v. Harris, 2013 Ohio 5749

Harris executed a July 2005 note secured by a mortgage on property in Moreland Hills, Ohio totaling $693,600.
Bank of America filed a October 2011 foreclosure complaint asserting standing as owner/holder of the note and mortgage and alleging default by Harris.
Harris moved for summary judgment in June 2012, arguing BOA lacked standing because MERS had no authority to assign the note.
BOA moved for summary judgment in September 2012, providing an affidavit and attached documents to show standing and default.
The trial court granted BOA’s summary judgment, and Harris appealed, challenging BOA’s standing to sue.
The appellate court affirmed, holding BOA had standing as the real party in interest at the time the complaint was filed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Bank of America had standing to foreclose	BOA established standing as holder of the note and mortgage after endorsements/assignment	Harris contends MERS lacked authority to assign and BOA therefore lacked standing	BOA had standing; appeal overruled

Fed. Home Loan Mortgage Corp. v. Schwartzwald, 134 Ohio St.3d 13 (Ohio 2012) (standing required at filing to invoke court jurisdiction)
Deutsche Bank Natl. Trust Co. v. Ingle, 2009-Ohio-3886 (8th Dist. Cuyahoga 2009) (assignment from MERS confers standing to foreclose when borrower defaults)
BAC Home Loans Servicing, L.P. v. Hall, 2010-Ohio-3472 (12th Dist. Warren 2010) (standing under assignment from MERS via holder)
Morris v. Invest. Life Ins. Co., 27 Ohio St.2d 26 (1970) (merger effects on corporate identity and authority to enforce agreements)
Acordia of Ohio, L.L.C. v. Fishel, 2012-Ohio-4648 (Ohio Supreme Court 2012) (merger aftermath permits surviving entity to enforce agreements)
Huntington Natl. Bank v. Hoffer, 2011-Ohio-242 (2d Dist. Greene 2011) (real party in interest after merger can enforce)