2012 Ohio 6274
Ohio Ct. App.2012Background
- Citimortgage filed a foreclosure action against Berchindle J. Foster and Katrina P. Foster in Mahoning County in 2010 based on a 2005 note and mortgage.
- The note was originally issued to First Place Bank and later transferred to CitiMortgage, Inc., by indorsement; the mortgage was assigned to CitiMortgage and recorded in 2005.
- The Fosters defaulted and CitiMortgage accelerated the loan; the trial court granted summary judgment for CitiMortgage.
- Appellants argued CitiMortgage, as a foreign corporation, lacked proper Ohio registration and standing to sue under R.C. 1703.03 and 1703.29(A).
- A Secretary of State certificate indicated no record of “Citimortgage” (without “Inc.”) registered in Ohio, prompting reliance on Civ.R. 56 evidentiary rules and affidavit submissions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CitiMortgage had proper registration to sue in Ohio | CitiMortgage was licensed to do business in Ohio. | CitiMortgage lacked current Ohio foreign-entity registration. | Summary judgment proper; no genuine issue created by registration evidence. |
| Effect of secretary of state certificate naming | Registration evidence supported CitiMortgage's standing. | Certificate showed no record of CitiMortgage (as named) registered. | Certificate misnaming entity did not negate registration; no material fact issue. |
| Proper evidentiary method for registration documents | Corporate registration copy accompanying reply supported by Civ.R. 56(C). | Registration not properly cited; Civ.R. 56(C) requires proper affidavit framing. | Registration evidence not properly before the court; still the trial court ruling stood. |
| Genuine issue of material fact regarding standing | Appellee had current Ohio registration as foreign corporation. | No evidence of proper registration; lack of standing. | Appellants failed to prove a genuine issue; standing resolved in Appellee's favor. |
Key Cases Cited
- P.K. Springfield, Inc. v. Hogan, 86 Ohio App.3d 764 (2d Dist.1993) (foreign-corporation registration defense to action)
- Citibank v. McGee, 2012-Ohio-5364 (7th Dist.) (proper method to introduce evidentiary materials not in Civ.R. 56(C))
- Comer v. Risko, 106 Ohio St.3d 185 (2005) (summary-judgment standard of review de novo)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (Dresher framework for movant's burden in Civ.R. 56)
- Wing v. Anchor Med., Ltd. of Texas, 59 Ohio St.3d 108 (1991) (burden of production at trial following summary judgment)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment standard and burden-shifting)