OHIO APPEALS COURT REVERSED "AFFIDAVIT = NO PROOF YOU OWN NOTE" DEUTSCHE BANK v. TRIPLETT

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OHIO APPEALS COURT REVERSED “AFFIDAVIT = NO PROOF YOU OWN NOTE” DEUTSCHE BANK v. TRIPLETT

OHIO APPEALS COURT REVERSED “AFFIDAVIT = NO PROOF YOU OWN NOTE” DEUTSCHE BANK v. TRIPLETT

Deutsche Bank National Trust Co. Plaintiff-Appellee,
v.
Chanel Triplett, et al., Defendants-Appellants.

No. 94924.

Court of Appeals of Ohio, Eighth District, Cuyahoga County. RELEASED AND JOURNALIZED: February 3, 2011.

Appellant
Chanel Triplett, Pro Se, 2982 East 59th Street, Cleveland, Ohio 44127
Attorneys for Appellees
Mathew P. Curry, Manley DEAS Kochalski, LLC, P. O. Box 165028, Columbus, Ohio 43216-5028, Ted A. Humbert, Jason A. Whitacre, Kathryn M. Eyster, The Law Offices of John D. Clunk, Co., L.P.A., 4500 Courthouse Blvd., Suite 400, Stow, Ohio 44224, Nova Star Mortgage, Inc., 6200 Oak Tree Blvd., Third Floor, Independence, Ohio 44131, Stewart Lender Services, 9700 Bissonet Suite 1500, Mail Stop 27, Houston, Texas 77036,
——
Before: Blackmon, P.J., Sweeney, J., and Gallagher, J.
excerpt:

{¶ 7} Deutsche Bank also attached an affidavit from Renee Hertzler, an officer of Countrywide Home Loans, its loan servicing agent. Hertzler averred that Triplett’s loan account was under her supervision and that there was a principal balance due in the amount of $80,504.77 with interest thereon at 9.1% per year from August 1, 2007. Hertzler also averred that Triplett’s loan remained in default.
<SNIP>

{¶ 17} In U.S. Bank Natl. Assn. v. Duvall, Cuyahoga App. No. 94714, 2010-Ohio-6478, this Court’s recent decision affirming the trial court’s dismissal of a foreclosure complaint involving facts substantially similar to the present case, we rejected an affidavit that stated the plaintiff acquired the note and mortgage prior to the filing of the complaint. Likewise, Deutsche Bank’s affidavit of ownership, sworn out more than a year after the foreclosure complaint was filed, is insufficient to vest the bank with standing to file and maintain the action. Thus, if Deutsche Bank had offered no evidence that it owned the note and mortgage when the complaint was filed, it would not be entitled to judgment as a matter of law. Jordan, ¶¶ 22-23. Accordingly, we reverse the trial court’s decision because Deutsche Bank lacks standing.

Judgment reversed.

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3 Responses to “OHIO APPEALS COURT REVERSED “AFFIDAVIT = NO PROOF YOU OWN NOTE” DEUTSCHE BANK v. TRIPLETT”

  1. dpreston says:

    Thank you for all of your hard work. Finally, some reversals! See, persistence rules. Deutsche Bank needs to be put in their place. Why is it the homeowners are the last to see any justice. Now I can totally imagine repression. The trust has completely diminished —for the authority in this country and especially our financial institutions. When the trust is gone its pretty hard to conduct business as usual. When the banks are allowed to do whatever they feel like including commit fraud upon the courts as a start-and nothing is done to them for these felonies–I am sure it unleashes vigilante like thoughts. Thank God some reversals are happening—in the nick of time. Thanks again for your determination, honesty and commitment to justice. Debi

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