Davet v. Fed. Natl. Mtge. Assn., 2012 Ohio 3575

Davet appeals a summary-judgment decision in favor of Fannie Mae on all claims.
The underlying foreclosure action against Davet was filed in 1996 by NationsBanc and involved a mortgage on Davet’s Beachwood, Ohio property.
Davet argued NationsBanc lacked standing to foreclose; the trial court denied this defense and entered foreclosure (2005).
Davet later pursued eviction and tort actions against the property purchasers, arguing the foreclosure judgment was void ab initio for lack of standing.
This court previously held that Davet’s challenges to the foreclosure proceeding were barred by claim preclusion/res judicata, and Davet did not appeal the foreclosure judgment; the current suit seeks to collaterally attack the foreclosure merits rather than its jurisdiction.
The trial court granted summary judgment to Fannie Mae, concluding Davet’s claims were barred by res judicata and that Davet improperly attacked the merits of a prior judgment in a separate action.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the current action is barred by res judicata/collateral attack.	Davet argues the foreclosure judgment lacked jurisdiction due to NationsBanc’s standing.	Fannie Mae argues Davet previously challenged standing; the proper remedy was a direct appeal, not a collateral attack.	Yes; Davet’s claims are barred by res judicata and collateral attack rules.
Whether NationsBanc’s lack of standing flaw deprivd the foreclosure court of jurisdiction.	Davet contends the foreclosure court lacked jurisdiction due to lack of standing.	Court held standing issues were not jurisdictional defects and could be challenged only on direct appeal.	No; lack of standing did not deprive the court of subject-matter jurisdiction for collateral attack.
Whether Davet’s R.C. 5301.36(B) claim was timely.	Davet alleged failure to file a satisfaction of judgment as required.	The statutorily mandated claim was time-barred by six-year limitations period.	Timeliness defense upheld; claim time-barred.

State ex rel. Davet v. Sutula, 2011-Ohio-2803 (8th Dist. No. 96548 (Ohio 2011)) (adequate remedy on direct appeal; collateral attack improper on merits)
Mikhli v. NationsBanc Mortgage Corp., 2012-Ohio-1200 (8th Dist. No. 97291 (Ohio 2012)) (lack of standing not a jurisdictional defect; remedy direct appeal)
Ohio Pyro, Inc. v. Ohio Dept. of Commerce, 2007-Ohio-5024 (Supreme Court of Ohio) (final judgments generally final; exceptions for lack of jurisdiction or fraud)
Rosette v. Countrywide Home Loans, Inc., 105 Ohio St.3d 296 (2005-Ohio-1736) (statute of limitations and claims feasibility in mortgage-related actions)
Davet v. Mikhli, 2012-Ohio-1200 (8th Dist. No. 97291 (Ohio 2012)) (prior decision addressing standing and jurisdiction in foreclosure)