Wells Fargo Bank N.A. v. Horn
2013 Ohio 2374
Ohio Ct. App.2013Background
- Note and mortgage executed 1993 by Brian and Carol Horn securing property at 9800 Root Road, Columbia Twp., Ohio.
- Foreclosure action filed by Wells Fargo in April 2010 naming multiple defendants, including Horns and financial institutions.
- Horns’ pro se response in June 2010; later counsel entered and Horn asserted Wells Fargo may lack standing.
- Magistrate found Wells Fargo entitled to summary judgment on the note and mortgage; trial court adopted.
- Wells Fargo lacked standing as of the complaint filed in April 2010; merger/name-change evidence attached later did not cure the lack of standing at commencement.
- Court reverses and remands for dismissal of the complaint without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wells Fargo had standing when suit commenced | Horn argues Wells Fargo lacked standing at filing | Wells Fargo contends standing was established | Standing lacked; dismissal required |
| Whether the court properly considered amended allegations and exhibits | Horn asserts improper consideration of new documents | Wells Fargo relied on later exhibits | Insufficient to cure lack of standing at commencement |
| Whether summary judgment was properly granted where standing was defective | Horn contends no valid basis for summary judgment | Wells Fargo argues other default/merits supported summary judgment | Summary judgment improper; reversed |
| Whether the trial court acted within Civ.R. 60(B) to vacate the judgment | Horn seeks relief from default judgment | Wells Fargo opposes vacatur | Ruling in favor of Horn; remand for dismissal without prejudice |
Key Cases Cited
- Natl. City Bank v. Skipper, 2009-Ohio-5940 (9th Dist. No. 24772, 2009-Ohio-5940) (standing and foreclosure prerequisites; two-step process)
- CitiMortgage, Inc. v. Firestone, 2012-Ohio-2044 (9th Dist. No. 25959, 2012-Ohio-2044) (standing at time of filing necessary to foreclose)
- Fed. Home Loan Mortg. Corp. v. Schwartzwald, 2012-Ohio-5017 (Ohio Supreme Court, 2012) (standing determined at commencement; lack of standing requires dismissal)
- U.S. Bank, N.A. v. Richards, 2010-Ohio-3981 (9th Dist. No. 26326, 2010-Ohio-3981) (real party in interest; holder of note/mortgage controls foreclosure action)
- Wells Fargo Bank, N.A. v. Jordan, 2009-Ohio-1092 (8th Dist. No. 91675, 2009-Ohio-1092) (standing to sue; jurisdictional prerequisite)