1900 Capital Trust II, by US Bank Trust Natl. Assn. v. House-Redd

Citations

• 2025 Ohio 3274

Syllabus

Foreclosures; motion to dismiss; subject-matter jurisdiction; standing; summary judgment; note; mortgage; loan modification; lost-note affidavit; assignor; assignee; holder; a person or entity entitled to enforce the mortgage note; genuine issue of material fact; nonholder; possession; chain of assignments; gap assignment. The trial court erred in granting summary judgment in a foreclosure action where genuine issues of material fact remained regarding whether plaintiff was the entity entitled to enforce the mortgage note in light of internal inconsistencies in a lost-note affidavit submitted in support of summary judgment. The trial court did not err in denying defendant's motion to dismiss the foreclosure complaint on the grounds that plaintiff lacked standing to sue. Whether the plaintiff has standing to sue is dependent on whether it can show it is entitled to enforce the mortgage note, an issue to be determined on remand.