Green Tree Servicing, L.L.C. v. Easley
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Ohio Court of Appeals
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{¶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.
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