Wachovia Bank of Delaware, NA v. Jackson
2012 Ohio 4479
Ohio Ct. App.2012Background
- July 29, 1999: Jackson signed a promissory note for $68,000 payable to Firstar Bank, NA, secured by a mortgage on Jackson’s Massillon, Ohio property.
- Sept. 2, 1999: Note and mortgage were assigned through a chain: Firstar Finance, Inc. to First Union Home Equity Bank, NA.
- June 2000–2002: First Union Bank of Delaware merged into First Union Home Equity Bank, NA; name later changed to Wachovia Bank of Delaware, NA.
- 2009–2011: Wachovia filed foreclosure; Jackson claimed Wachovia was not the real party in interest; prior appellate reversals and remands occurred (Jackson I and Jackson II).
- Sept. 7–8, 2011: On remand, Wachovia moved for summary judgment with Kyle Gragert’s affidavit; Jackson submitted her own affidavit noting Wells Fargo’s ownership after Wachovia–Wells Fargo merger.
- Ruling: Court held there was no genuine issue that Wachovia/Wells Fargo were the real party in interest due to the merger and Civ.R. 25(C) transfer rule; judgment of foreclosure affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Wachovia the real party in interest after merger with Wells Fargo? | Jackson argues Wells Fargo, not Wachovia, is the holder. | Wachovia asserts merger to Wells Fargo makes Wells Fargo the successor holder. | Yes; no genuine issue; Wachovia is real party in interest. |
Key Cases Cited
- U.S. Bank Natl. Assoc. v. Detweiler, 191 Ohio App.3d 464 (2010-Ohio-6408) (merger-based transfer supports continued action; no certificate of merger required to show holder)
- Detweiler (U.S. Bank Natl. Assoc. v. Detweiler), 191 Ohio App.3d 464 (2010-Ohio-6408) (see Detweiler discussion cited in opinion)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (summary judgment standard; movant bears initial burden)
- Mitseff v. Wheeler, 38 Ohio St.3d 112 (1988) (triable issue of fact requires specific facts)
- Shealy v. Campbell, 20 Ohio St.3d 23 (1985) (real party in interest concept)
- Chase Manhattan Mtge. Corp. v. Smith, 1st Dist. No. C061069 (2007-Ohio-5874) (real party in interest and assignment evidence)
- U.S. Bank Natl. Assoc. v. Marcino, 181 Ohio App.3d 328 (2009-Ohio-1178) (current holder after assignment/merger is real party in interest)