U.S. Bank Natl. Assn. v. Turner, 2012 Ohio 4592

On March 24, 2005, the Turners executed a $195,600 promissory note secured by a mortgage on 23464 Rushmore Dr., Richmond Heights, Ohio, with Option One as borrower.
On March 9, 2011, Option One/Sand Canyon transferred the note and mortgage to U.S. Bank, as Trustee for JP Morgan Acquisition Corp. 2005-OPTI.
The Turners defaulted on the note, prompting a foreclosure action and a March 21, 2011 complaint.
Initial summary-judgment motions were denied because Sand Canyon, as successor to Option One, was not named.
An amended complaint adding Sand Canyon was filed on June 15, 2011; U.S. Bank moved for summary judgment with copies of the note, mortgage, and Turners’ payment history (last payment Oct. 2010) attached.
An affidavit from Joseph Kaminiski, servicing agent for U.S. Bank, supported ownership and default status, asserting a balance of $118,246.18 plus interest and advances.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether U.S. Bank was entitled to summary judgment foreclosure.	U.S. Bank argues it is the current holder/owner of the note and mortgage, with proper documentation and recorded assignment.	Turners contend issues exist about Sand Canyon’s assignment and standing to sue.	Yes; summary judgment affirmed; Bank was the real party in interest with no genuine issues.

Deutsche Bank Natl. Trust Co. v. Taylor, 2011-Ohio-435 (9th Dist. 2011) (establishes prerequisites for foreclosing mortgage)
Chase Home Fin., L.L.C. v. Heft, 2012-Ohio-876 (3d Dist. 2012) (foreclosure elements; validity of mortgage ownership)
CitiMortgage v. Arnold, 2011-Ohio-1350 (9th Dist. 2011) (foreclosure standards; ownership showings)
Chase Manhattan Mtge. Corp. v. Smith, 2007-Ohio-5874 (1st Dist. 2007) (current holder is real party in interest)
Wells Fargo Bank, N.A. v. Stovall, 2010-Ohio-236 (8th Dist. 2010) (standing to foreclose; assignment proof)
First Union Natl. Bank v. Hufford, 2001-Ohio-2271 (3d Dist. 2001) (assignment timing not fatal to foreclosure)