U.S. Bank v. Cooper, 2014 Ohio 61

Promissory note for $224,100 dated May 27, 2005, secured by a mortgage on 8521 Wooster Pike Rd., Seville, Ohio.
Mortgage assigned to U.S. Bank via MERS; U.S. Bank filed foreclosure on June 8, 2007 alleging default and amount due.
U.S. Bank attached mortgage, property description, and a federal tax lien; no copy of the note attached.
Coopers answered; U.S. Bank moved for summary judgment supported by multiple affidavits and note/mortgage documents.
Trial court referred to mediation; decree of foreclosure entered despite concerns about defects in the evidence and signatures.
Coopers sought relief from judgment under Civ.R. 60(B); magistrate noted multiple defects and that consent allegedly underpinned the decree.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standing to file foreclosure action	Coopers note U.S. Bank held note/mortgage	U.S. Bank lacked standing at filing	Dismissal without prejudice ordered; lack of standing at commencement
Effect of standing on Civ.R. 60(B) relief	Relief appropriate despite standing issue	Relief moot due to standing defeat	Second assignment moot; judgment reversed and case remanded

Schwartzwald, 134 Ohio St.3d 13 (2012-Ohio-5017) (standing cannot be cured by later assignment in foreclosure)
Haugabrook, 2013-Ohio-3516 (9th Dist. Summit No. 26542) (standing at filing governs jurisdiction; real party in interest)
Wells Fargo Bank N.A. v. Horn, 2013-Ohio-2374 (9th Dist. Lorain No. 12CA010230) (real party in interest; Civ.R. 17(A) applicability)
U.S. Bank, N.A. v. Richards, 2010-Ohio-3981 (9th Dist. If available) (illustrates standing analysis in foreclosure)
Quantum Servicing Corp. v. Haugabrook, 2013-Ohio-3516 (9th Dist. Summit No. 26542) (affirms de novo standard for standing challenge)