Green Tree Servicing, L.L.C. v. Easley

(Ohio Ct. App. 2016)

View original: From the court   |   Our backup

Ohio Court of Appeals

Filed: November 23rd, 2016

. . .

{¶14} As indicated above, Mr. Easley’s Note was endorsed in 
blank, and, as such, the holder of his Note is its current 
possessor. See Bank of Am., N.A. v. McCormick, 9th Dist.
Summit No. 26888, 2014-Ohio-1393, ¶ 8. However, Ms. 
Kessner’s affidavit, submitted on behalf of Green Tree, 
failed to: (1) establish that Ms. Kessner had personal 
knowledge of Mr. Easley’s loan file; (2) aver that Ms. 
Kessner personally reviewed the original Note, Mortgage,
and assignments in Mr. Easley’s loan file, or, that true 
and accurate copies of those documents were attached to 
the motion for summary judgment; (3) 
prove that Ditech Financial LLC and

Green Tree Servicing LLC are the same legal entity; 
and (4) establish that Ditech Financial LLC
FKA Green Tree Servicing LLC has possession of the 
original Note.

 {¶15} Accordingly, the materials submitted by Green Tree along 
with its motion for summary judgment failed to demonstrate an 
absence of a dispute of fact that it had standing at the time it 
filed its complaint. See Dvorak at ¶ 16.

       {¶16} Mr. Easley’s first assignment of error is 
sustained.

III

       {¶18} Mr. Easley’s first assignment of error is 
sustained and his second assignment of
error is moot. The judgment of the Summit County Court 
of Common Pleas is reversed and the cause remanded for 
further proceedings consistent with this opinion.

Comments

comments