Deutsche Bank Natl. Trust Co. v. Hansen
2011 Ohio 1223
Ohio Ct. App.2011Background
- Appellee Deutsche Bank filed for foreclosure against Christina and Rodney Hansen in Fairfield County Court of Common Pleas.
- Plaintiff alleged default on promissory note and mortgage and attached an assignment showing transfer to plaintiff on December 22, 2008.
- Defendants answered arguing plaintiff lacked standing as the real party in interest and not holder of the note.
- Plaintiff moved for summary judgment (Aug. 17, 2009) supported by Tonya Hopkins’s affidavit stating nonpayment, loan assignment, and a balance due of $112,491.66 plus 10.875% interest.
- Defendants moved to strike the Hopkins affidavit; trial court denied, granting summary judgment for plaintiff.
- Court of Appeals reversed in part and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court should have struck Hopkins’s affidavit | Hopkins had personal knowledge; copy of original mortgage satisfies rule | Hopkins lacked personal knowledge and the note/mortgage copy is not properly authenticated | Partially sustained: affidavit admissibility scrutinized; some holdings remitted for trial |
| Whether Deutsche Bank was the real party in interest with standing to sue | Assignment shows bank holds mortgage and note in trust for certificate holders; standing established | No evidence of proper conveyance of note into the trust; chain of title incomplete | Overruled: court reversed; transfer of mortgage implies transfer of note; standing recognized; remanded for proceedings |
Key Cases Cited
- Smiddy v. The Wedding Party, Inc., 30 Ohio St.3d 35 (Ohio 1987) (summary judgment standard and evidence review on appeal)
- State v. Davis, 116 Ohio St.3d 404, 880 N.E.2d 31 (Ohio 2008) (four-element test for business records under Evid.R. 803(6) and authentication)
- LaSalle Bank National Association v. Street, 2009-Ohio-1855 (Ohio 2009) (transfer of note implies transfer of mortgage; business records authentication guidance)
- Bank of New York v. Dobbs, 2009-Ohio-4742 (Ohio 2009) (recognizes mortgage-note transfer in secondary market may occur without express note transfer)