U.S. Bank Natl. Assn. v. George, 2015 Ohio 4957
Ohio Court of Appeals

Filed: December 3rd, 2015

Status: Precedential

Citations: 2015 Ohio 4957

Docket Number: 14AP-817

Judges: Brunner

[Cite as U.S. Bank Natl. Assn. v. George, 2015-Ohio-4957.]

IN THE COURT OF APPEALS OF OHIO

TENTH APPELLATE DISTRICT

{¶ 32} We agree with the Eighth District’s pronouncement in Lavelle that to
disregard the contradicting copies of the note without proper authentication of current
documentation and explanation of the discrepancies, “would be unjust and would ask this
court to [ignore] the actions of financial institutions who have an obligation to conform
with acceptable business practices and establish an unbroken chain of assignments prior
No. 14AP-817 16

to instituting a foreclosure action.” Id. at ¶ 22. These inconsistencies as a matter of law
effectively rebut appellee’s burden of proof under Civ.R. 56(C).

. . .

{¶ 35} We sustain appellants’ sole assignment of error for the reasons stated in this
decision and reverse the judgment of the Franklin County Court of Common Pleas,
thereby denying appellee’s motion for summary judgment and remand this case to the
trial court with instructions to proceed in accordance with this decision.

Judgment reversed and cause remanded with instructions.