Wells Fargo Bank v. Perkins
2014 Ohio 1459
Ohio Ct. App.2014Background
- Perkins executed a $300,000 note and mortgage to secure the debt on 4297 Mumford Road, Upper Arlington, Ohio (2003).
- Wells Fargo, claiming to hold the note, filed a mortgage foreclosure; Perkins answered and Wells Fargo moved for summary judgment, which the court granted on March 5, 2010.
- Perkins did not appeal the 2010 summary judgment.
- Perkins moved for relief from judgment under Civ.R. 60(B) on September 20, 2010; relief was denied and affirmed on appeal (2011).
- Perkins filed a second Civ.R. 60(B) motion challenging Wells Fargo’s standing; trial court denied; appeal dismissed for failure to prosecute (2012).
- Perkins filed a third Civ.R. 60(B) motion on March 15, 2013; trial court denied as barred by res judicata; Perkins appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata bars Perkins' 60(B) claim on standing | Perkins asserts lack of standing rendered judgment void and open to attack. | Wells Fargo argues prior final judgments foreclose further Civ.R. 60(B) relief on standing. | Yes; claims barred by res judicata. |
| Whether lack of standing affects subject-matter jurisdiction | Lack of standing equates to lack of subject-matter jurisdiction and void judgment. | Lack of standing is not lack of subject-matter jurisdiction in foreclosures. | Lack of standing is not jurisdictional; res judicata governs. |
| Whether the post-foreclosure assignment affects 60(B) relief or standing | Assignment defects could undermine standing and merits of relief. | Assignment issues do not revive standing or justify 60(B) relief; res judicata forecloses. | Post-foreclosure assignment did not warrant relief; barred by res judicata. |
Key Cases Cited
- Fed. Home Loan Mtge. Corp. v. Schwartzwald, 134 Ohio St.3d 13 (2012) (standing at filing determines foreclosure; may not be cured later)
- Deutsche Bank Natl. Trust Co. v. Finney, 2013-Ohio-4884 (10th Dist. No. 13AP-198) (lack of standing not lack of subject-matter jurisdiction; res judicata can apply)
- Deutsche Bank Natl. Trust Co. v. Pandey, 10th Dist. No. 10AP-39 (2010) (res judicata does not require exploring all relief theories)
- State ex rel. Schneider v. Bd. of Edn. of N. Olmsted City School Dist., 39 Ohio St.3d 281 (1988) (final judgments bar subsequent actions between same parties)