JPMorgan Chase Bank, Natl. Assn. v. Fallon, 2014 Ohio 525

Scott and Kimberly Fallon signed a $124,700 promissory note secured by a mortgage on their Circleville, Ohio property.
Mortgage listed MERS as the mortgagee, nominee for Direction Mortgage, with Direction ultimately endorsing the note to Flagstar Bank, FSB.
The note contains a second undated endorsement that appears to be a blank indorsement to bearer after Flagstar's endorsement.
MERS assigned the mortgage to JPMorgan Chase Bank, N.A. on August 18, 2011, which was recorded September 12, 2011.
Chase filed a foreclosure complaint on September 30, 2011; the Fallons answered and Chase moved for summary judgment on November 25, 2012, supported by Lanier M. Jeffrey's affidavit.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Chase was the real party in interest to enforce the note.	Chase possessed and held the note with a blank endorsement, making it the holder and entitled to enforce.	The face of the note did not establish Chase as the holder; authentication of the note was flawed.	Chase held the note and mortgage and was entitled to enforce it.
Whether Chase properly authenticated the note under Civ.R. 56(E).	Jeffrey's affidavit attested personal knowledge and referenced true copies of the note and mortgage attached to the affidavit.	The affidavit failed to prove comparison with the original note and proper authentication of the attached copies.	Jeffrey's affidavit satisfied Civ.R. 56(E) and sufficiently authenticated the note.

Dresher v. Burt, 75 Ohio St.3d 280 (1996) (briefs summary judgment standards; Dresher governs burden shifting)
In re Highland Holiday Subdivision, 27 Ohio App.2d 237, 273 N.E.2d 903 (1971) (real party in interest concept in equity actions)
Shealy v. Campbell, 20 Ohio St.3d 23 (1985) (real party in interest requirement purposes)
Fed. Land Bank of Louisville v. Taggart, 31 Ohio St.3d 8 (1987) (UCC and enforcement of negotiable instruments)