CitiMortgage, Inc. v. Uhl
2014 Ohio 2868
Ohio Ct. App.2014Background
- Foreclosure action filed by CitiMortgage in 2011 against Jenny Uhl and Craig Uhl’s estate for 117 West Schultz St., Dalton, Ohio.
- Note ownership contested; Craig had died in 2008; CitiMortgage admitted Craig’s personal liability was extinguished by bankruptcy.
- CitiMortgage attached a presumed assignment from MERS for 1st Mariner Bank to CitiMortgage dated May 4, 2011 (unrecorded).
- Jenny moved to dismiss (Civ.R. 12(B)(6)) arguing CitiMortgage lacked standing; CitiMortgage opposed and produced a purported note by Craig.
- Assignment of mortgage from MERS to CitiMortgage executed Dec. 8, 2011 and recorded Dec. 22, 2011; foreclosure action remained pending since 2011.
- Trial court granted summary judgment for CitiMortgage in 2013; appellate court later reversed and remanded for lack of standing at time of filing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was CitiMortgage’s standing established when suit was filed? | Uhl argues CitiMortgage lacked standing at filing. | CitiMortgage contends it became holder via later assignment and recordation. | No; lack of standing at filing requires dismissal; summary judgment improper. |
Key Cases Cited
- Fed. Home Loan Mortg. Corp. v. Schwartzwald, 134 Ohio St.3d 13 (2012-Ohio-5017) (standing in foreclosure requires ownership at filing; cannot be cured later)
- BAC Home Loan Servicing, LP v. McFerren, 2013-Ohio-3228 (9th Dist. Summit No. 26384) (foreclosure plaintiff must hold note and mortgage at initiation)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (summary judgment burden shifting; Civ.R. 56 standards)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (1977) (summary judgment standard; evidentiary burden on moving party)
- Viock v. Stowe-Woodward Co., 13 Ohio App.3d 7 (6th Dist.1983) (standard for summary judgment; view evidence in light most favorable to nonmovant)
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (1996) (de novo review of summary judgment; proper standard of review)
- Malmon-Berg v. Malmon-Berg, 2014-Ohio-1784 (9th Dist. Wayne No. 13CA0005) (timeliness of appeal where no notice/entry shown; tolling of appeal period)