2014 Ohio 5034
Ohio Ct. App.2014Background
- Appellants obtained a mortgage for $191,000 in 2007 and defaulted around December 2011.
- In February 2012 the mortgage was sold/assigned to Bank of America (successor to BAC Home Loans Servicing).
- Bank of America filed a foreclosure action in August 2012, attaching the note, mortgage, and assignment; defendants were served in September 2012 but did not answer.
- Bank of America moved for default in October 2012; a default foreclosure judgment was granted in November 2012 and adopted by the trial court in December 2012.
- In February 2013 appellants moved under Civ.R. 60(B) to vacate the judgment, alleging lack of standing; the trial court denied in October 2013.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BOA lacked standing when filing the foreclosure | Friedman | Friedman | Lack of standing not a basis for Civ.R. 60(B) relief |
| Whether Civ.R. 60(B) relief was proper to address standing-based defects | Friedman | Friedman | Kuchta controls; Civ.R. 60(B) cannot be used to collaterally attack standing; res judicata bars relief |
Key Cases Cited
- Bank of Am., N.A. v. Kuchta, No. 2014-Ohio-4275 (Ohio Supreme Court, 2014) (lack of standing cannot support Civ.R. 60(B) relief; 60(B) not substitute for appeal)
- Fed. Home Loan Mtge. Corp. v. Schwartzwald, 134 Ohio St.3d 13 (Ohio 2012) (analyze standing in Civ.R. 60(B) motions)
- PNC Bank, N.A. v. Botts, 2012-Ohio-5383 (10th Dist. Franklin No. 12AP-256, 2012) (fraud/misconduct in standing cases not Civ.R. 60(B)(3) scope)
- GMAC Mortg., L.L.C. v. Herring, 2010-Ohio-3650 (2d Dist.) (Civ.R. 60(B)(3) not for defense not arising from judgment merits)
- First Merit Bank, N.A. v. Crouse, 2007-Ohio-2440 (9th Dist. Lorain) (fraud/standing not Civ.R. 60(B)(3) scope)
- Wells Fargo Fin. Leasing, Inc. v. Gilliland, 2004-Ohio-1755 (4th Dist. Scioto No. 03CA2916) (Civ.R. 60(B)(3) scope limitations in foreclosure)