Wells Fargo Bank, N.A. v. Geiser, 2014 Ohio 3379

Aug. 31, 2006—Geisers signed a promissory note for $309,500 payable to Taylor, Bean & Whitaker Mortgage Corp.; mortgage naming MERS as mortgagee and nominee recorded Sept. 5, 2006.
Sept. 19, 2009—MERS assigned the mortgage to Wells Fargo; assignment recorded Sept. 23, 2009.
Nov. 7, 2011—Wells Fargo filed foreclosure, alleging holder of note and mortgage and a default of $299,990.14 plus interest; note indorsed in blank by Carter-Shaw.
Aug. 2010—Appellants’ Chapter 11 plan confirmed; Eagle Ridge property removed from bankruptcy estate and stay lifted, re-vesting in appellants.
Jan. 4, 2013—Wells Fargo moved for summary judgment, supported by Manning affidavit asserting holder status and default; attached note, mortgage, and assignment.
May 30, 2013—Trial court granted summary judgment and decree in foreclosure to Wells Fargo; appeal challenged Wells Fargo’s status as real party in interest.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Wells Fargo is the real party in interest to foreclose.	Wells Fargo holds the indorsed note and mortgage by assignment from MERS.	Questions exist as to proper assignment and Wells Fargo's status; potential lack of standing as real party.	Wells Fargo is the real party in interest; designation as holder of note/mortgage supports foreclosure.

Fed. Home Loan Mortg. Corp. v. Schwartzwald, 134 Ohio St.3d 13 (2012) (real-party-in-interest vs standing; separation of concepts)
Bank of New York Mellon v. Blouse, 2013-Ohio-4537 (12th Dist. 2013) (real party in interest is current holder of note/mortgage)
Deutsche Bank Natl. Trust Co. v. Sexton, 2010-Ohio-4802 (12th Dist. Butler Co. 2010) (foreclosure real-party-in-interest analysis)
BAC Home Loans Servicing L.P. v. Hall, 2010-Ohio-3472 (12th Dist. Warren 2010) (definition of real party in interest; Civ.R. 17(A))
Putman v. Bank of New York Mellon, 2014-Ohio-438 (3d Dist. Marion 2014) (MERS authority to assign when designated as nominee and mortgagee)