Wells Fargo Bank, N.A. v. Ward
2013 Ohio 2066
Ohio Ct. App.2013Background
- Ward defendants signed 2005 note/mortgage with First Franklin; note endorsed to First Franklin Financial Corporation and then payable to an unspecified payee.
- Assignment/ownership: note and mortgage assigned to Wells Fargo Bank, N.A. as Trustee on Oct. 3, 2011, before foreclosure filing.
- Foreclosure complaint filed Nov. 7, 2011; summary judgment sought May 11, 2012; judgment granted June 28, 2012.
- Appellants appealed asserting Wells Fargo lacked standing as real party in interest and affidavit failed to prove default/acceleration.
- Court affirmed trial court: Wells Fargo established real party in interest; affidavit supported by business records; default/acceleration proven; judgment for foreclose affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to foreclose (real party in interest) | Wells Fargo possessed the note via assignment and was the holder. | Ward argued Wells Fargo lacked standing to sue. | Yes; Wells Fargo proven real party in interest. |
| Sufficiency of default and acceleration proof | Affidavit and attached records establish borrower's default and acceleration. | Affidavit insufficient; lack of firsthand knowledge. | Yes; records and affidavit show default and acceleration. |
Key Cases Cited
- LaSalle Bank Nat'l Ass'n v. Street, 2009-Ohio-1855 (5th Dist. No. 08CA60 (2009)) (personal knowledge and summary-judgment standards in foreclosure)
- Residential Funding Co. v. Thorne, 2010-Ohio-4271 (6th Dist. No. L-09-1324 (2010)) (personal-knowledge sufficiency in affiants for Civ.R. 56)
- Wachovia Bank of Delaware, N.A. v. Jackson, 2011-Ohio-3202 (5th Dist. No. 2010-CA-00291 (2011)) (definition of personal knowledge; admissibility of business-record affidavits)
- CitiMortgage, Inc. v. Ferguson, 2008-Ohio-556 ( Fairfield App. No. 2006CA00051 (2008)) (affidavits may rely on business records in foreclosure)