OHIO APPEALS COURT AFFIRMS "NO STANDING TO FORECLOSE" U.S. BANK v. DUVALL

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OHIO APPEALS COURT AFFIRMS “NO STANDING TO FORECLOSE” U.S. BANK v. DUVALL

OHIO APPEALS COURT AFFIRMS “NO STANDING TO FORECLOSE” U.S. BANK v. DUVALL

Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION

No. 94714

U.S. BANK NATIONAL ASSN.
PLAINTIFF-APPELLANT
vs.
ANTOINE DUVALL, ET AL.
DEFENDANTS-APPELLEES

Civil Appeal from the
Cuyahoga County Court of Common Pleas

Case No. CV-638676

BEFORE: Sweeney, J., Gallagher, A.J. and DeGenaro, J.*

RELEASED AND JOURNALIZED: December 30, 2010

{¶ 15} Accordingly, we conclude that plaintiff had no standing to file a
foreclosure action against defendants on October 15, 2007, because, at that time,
Wells Fargo owned the mortgage. Plaintiff failed in its burden of demonstrating
that it was the real party in interest at the time the complaint was filed. Plaintiff’s
sole assignment of error is overruled.

Judgment affirmed.

It is ordered that appellee recover from appellant costs herein taxed.

The court finds there were reasonable grounds for this appeal.

It is ordered that a special mandate be sent to said court to carry this
judgment into execution.

A certified copy of this entry shall constitute the mandate pursuant to
Rule 27 of the Rules of Appellate Procedure.

JAMES J. SWEENEY, JUDGE

SEAN C. GALLAGHER, A.J., and
*MARY DEGENARO, J., CONCUR
*(Sitting by Assignment: Judge Mary DeGenaro of the Seventh District Court
of Appeals.)

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