Bank of New York Mellon Trust Co., N.A. v. Hentley
2013 Ohio 3150
Ohio Ct. App.2013Background
- Bank filed foreclosure on Oct 23, 2009 against Orville and Mary Hentley on a note dated Dec 23, 1999 and a mortgage securing it.
- Note and Mortgage were originated with American National Home Mortgage; the loan was subsequently assigned along a chain to the plaintiff-bank (EquiCredit, then JPMorgan Chase Bank, as Trustee, then the plaintiff) as Exhibits E and related documents show.
- Exhibit E asserted transfer of the mortgage/note to the plaintiff but lacked evidence that the county recorder had recorded the assignment.
- The bank alleged default and acceleration; it attached the note and mortgage and an affidavit from a loan servicer stating the bank’s entitlement to enforce the mortgage.
- Magistrate granted summary judgment on Aug 25, 2010, the trial court adopted it on Sep 22, 2010, and ordered foreclosure; sheriff’s sale occurred on Jun 11, 2012, sale was confirmed on Jun 26, 2012.
- Hentley moved to vacate the judgment, arguing the bank was not a real party in interest; the trial court denied the motion and later denied reconsideration; Hentley timely appealed claiming Civ.R. 60(B) error and void-judgment posture.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the bank a real party in interest with standing to foreclose? | Bank showed it held the note and mortgage via chain of title. | Hentley argued bank lacked standing to enforce the note. | Yes; bank had standing at filing, proper to invoke jurisdiction. |
| Did Civ.R. 60(B) apply to vacate a void judgment or merely a relief-from-judgment motion? | Court should apply Civ.R. 60(B) timeliness. | Motion sought to vacate a void judgment, not under Civ.R. 60(B). | Irrelevant; standing supported judgment; Civ.R. 60(B) applicability not dispositive. |
| Did the trial court correctly deny reconsideration of the judgment? | - | Reconsideration not available under Ohio law. | Correctly denied; no Civ.R. 60(B) basis and no valid reconsideration remedy. |
Key Cases Cited
- CitiMortgage v. Patterson, 8th Dist. No. 98360, 2012-Ohio-5894 (8th Dist. 2012) (standing when plaintiff is holder or mortgage assigned)
- Schwartzwald v. Fed. Home Loan Mortg. Corp., 134 Ohio St.3d 13, 2012-Ohio-5017 (Ohio Supreme Court 2012) (standing to foreclose varies with note holder status)
- GMAC Mortgage, LLC v. Coleff, 8th Dist. No. 98917, 2013-Ohio-2462 (8th Dist. 2013) (Civ.R. 60(B) issues and void vs voidable judgments guidance)
- United States Bank N.A. v. Higgins, 2010-Ohio-4086 (2d Dist. 2010) (recognizes real party in interest standing in foreclosure)
- Deutsche Bank Natl. Trust Co. v. Ingle, 8th Dist. No. 92487, 2009-Ohio-3886 (8th Dist. 2009) (standing to foreclose under title chain)