Deutsche Bank Natl. Trust Co. v. Byrd
2014 Ohio 3704
Ohio Ct. App.2014Background
- Byrds signed promissory note in 2006 to purchase Akron property; MERS held the mortgage as Fremont's nominee and later Deutsche Bank acquired the note/mortgage.
- Deutsche Bank filed foreclosure in 2012 alleging compliance with conditions precedent.
- Byrds answered in 2013, asserting Deutsche Bank failed to give notices required by the note and mortgage; they challenged the notice/conditioning precedent.
- Deutsche Bank supported summary judgment with Yolanda Griffin affidavit claiming possession of the note and acceleration for default.
- Byrds argued genuine issue existed about whether a proper acceleration notice was mailed as required by paragraph 22 of the mortgage.
- Trial court granted summary judgment in Deutsche Bank’s favor in February 2014; Byrds appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a genuine issue of material fact about mailing the acceleration notice. | Byrds—notice allegedly not mailed; conditions precedent not proven. | Deutsche Bank—affidavit and attached documents establish notice and acceleration. | Issue exists; summary judgment improper; judgment reversed and remanded. |
Key Cases Cited
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (Ohio Supreme Court 1977) (summary judgment standard and de novo review)