Wiegand v. Deutsche Bank Natl. Trust, 2012 Ohio 933

Wiegand filed a verified complaint for a writ of prohibition to stop the foreclosure action brought by Deutsche Bank National Trust Co. and related entities in Cuyahoga County Court of Common Pleas, Case No. CV-599036.
Foreclosure was based on an August 2006 note and deed of mortgage; the underlying action was presided by Judge Kathleen Sutula.
A 2008 Stipulated Settlement Agreement resulted in Wiegand waiving defenses and consenting to a decree of foreclosure, with Deutsche Bank waiving any personal deficiency judgment against Wiegand.
Wiegand later moved to dismiss the foreclosure arguing Deutsche Bank lacked standing; the trial court denied the motion in 2009.
In 2010 and 2011, the trial court issued a sheriff’s sale and a decree of confirmation, then Wiegand appealed to this court, which dismissed under waiver terms in 2011.
Wiegand sought a writ of prohibition in October 2011; the trial and appellate records indicated Waiver of defenses and lack of jurisdictional defect, leading to denial of the writ.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Sutula patently and unambiguously lack jurisdiction?	Wiegand contends lack of standing deprived jurisdiction.	Respondents assert court had inherent and statutory jurisdiction.	No; court had jurisdiction.
Was Wiegand’s waiver of defenses effective to defeat jurisdictional challenges?	Waiver nullified any defense to foreclosure, including standing.	Waiver was valid and foreclosed jurisdictional challenges on appeal.	Waiver valid; defenses waived.
Are there adequate remedies in the ordinary course of law for jurisdictional defects?	Relator lacked adequate remedy to challenge lack of standing.	Relator had remedies by appeal or certiorari; extraordinary writs not appropriate for retrying waived issues.	Adequate remedies existed; writ denied.
Did Wiegand have an opportunity to appeal the dismissal of the appeal or the waiver ruling?	Seeking prohibition due to jurisdictional flaw and lack of appellate remedy.	Appellate avenues existed and were appropriately pursued or waived.	Appellate avenues available; writ denied.

Dzina v. Celebrezze, 108 Ohio St.3d 385 (2006-Ohio-1195) (adequate remedy in ordinary course governs extraordinary relief)
State ex rel. Plant v. Cosgrove, 119 Ohio St.3d 264 (2008-Ohio-3838) (lack of jurisdiction must be patent and unambiguous)
State ex rel. Mosier v. Fornof, 126 Ohio St.3d 47 (2010-Ohio-2516) (adequate remedy by appeal when general jurisdiction exists)
State ex rel. Hughley v. McMonagle, 121 Ohio St.3d 536 (2009-Ohio-1703) (availability of certiorari and prohibition when reviewing dismissal rulings)
State ex rel. Jaffal v. Calabrese, 105 Ohio St.3d 440 (2005-Ohio-2591) (alternative writs constraints and appellate avenues)
LetOhioVote.Org. v. Brunner, 125 Ohio St.3d 420 (2010-Ohio-1985) (limits on extraordinary writs; final appellate review)
Wells Fargo Bank, N.A. v. Jordan, 8th Dist. No. 91675 (2009-Ohio-1092) (waiver and retroactivity considerations in foreclosure context)
Gliozzo v. Univ. Urologist of Cleveland, Inc., 114 Ohio St.3d 141 (2007-Ohio-3762) (waiver of rights by conduct or communications)
Gollings v. Natl. Life Ins. Co., 92 Ohio App.3d 726 (1994) (definition of waiver and relinquishment of defenses)
White v. Junkin, 80 Ohio St.3d 335 (1997-Ohio-) (courts determine jurisdiction when not patently absent)
Enyart v. O’Neil, 71 Ohio St.3d 655 (1995-Ohio-) (jurisdictional questions and remedies)
Cheap Escape Co. v. Haddox, LLC, 120 Ohio St.3d 493 (2008-Ohio-6323) (general jurisdiction and forgoing jurisdictional challenges)