Bank of New York Mellon v. Veccia
2014 Ohio 2711
Ohio Ct. App.2014Background
- In 2003 Brian Veccia executed a $135,000 promissory note and a mortgage on real property; the note bore endorsements ultimately showing an endorsement in blank.
- The mortgage named MERS as nominee for the lender; the mortgage was recorded in 2003.
- In May 2012 MERS recorded an Assignment of Mortgage to The Bank of New York Mellon (BNYM), expressly assigning the mortgage and the note.
- Veccia defaulted; BNYM filed a foreclosure complaint in August 2012 seeking foreclosure (no deficiency pursued due to Veccia’s later bankruptcy).
- BNYM moved for summary judgment attaching the note, mortgage, assignment, and an affidavit from a servicing-agent officer (Jamie Herbert) stating BNYM possessed the note when the complaint was filed; Veccia submitted no contradictory affidavits.
- The trial court granted summary judgment and foreclosure; Veccia appealed solely arguing BNYM lacked standing and that the affidavit was insufficient.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff had standing to sue when complaint filed | BNYM had interest in mortgage and possessed the note when complaint was filed (affidavit + Assignment) | Veccia: BNYM lacked possession of the original note and chain of title is incomplete | Court: BNYM had standing — it held the mortgage and the note at filing; affidavit + assignment and endorsements suffice |
| Whether affidavit sufficiently authenticated the note | Herbert’s affidavit attested BNYM possessed the note and attached a true/correct copy | Veccia: affidavit should explicitly state possession of the original note; copy not admissible in lieu of original | Court: affidavit authenticated the attached copy; Civ.R.56(E) and prior Ohio precedent allow this; no dispute was raised below |
| Whether endorsement/chain of title was complete | Note endorsed in blank; Assignment by MERS expressly transferred note and mortgage to BNYM | Veccia: missing link because Aegis Mortgage Corporation did not separately assign note to MERS | Court: endorsement in blank permits transfer by possession; MERS acted as nominee/agent of Aegis, so assignment completed chain |
| Whether any genuine issue of material fact precluded summary judgment | BNYM presented undisputed documentary and affidavit evidence; Veccia offered no contrary evidence | Veccia claimed factual disputes about possession and chain of title | Court: No genuine issue — summary judgment affirmed |
Key Cases Cited
- Steel Co. v. Citizens for a Better Environment, 523 U.S. 83 (standing requires a justiciable personal stake)
- Fed. Home Loan Mortg. Corp. v. Schwartzwald, 134 Ohio St.3d 13 (mortgage lender must hold interest in note or mortgage at time suit filed to have standing)
- State ex rel. Corrigan v. Seminatore, 66 Ohio St.2d 459 (affidavits may authenticate copies of documents when sworn statements declare attached copies are true)