Bank of New York Mellon v. Floyd

Citations

• 2021 Ohio 3736

Syllabus

Civ.R. 56/summary judgment mortgage foreclosure standing magistrate's decision Civ.R. 12(B)(6)/motion to dismiss Evid.R. 801(C) and Evid.R. 802/hearsay Evid.R 803(6)/exception to hearsay Evid.R. 901/authentication unclean hands judicial estoppel FDCPA intentional infliction of emotional distress slander of title quiet title punitive damages declaratory judgment. Appellants' claim of a lack of standing fails where appellants referred to two prior cases that were dismissed without prejudice. Appellants were placed back in the position they held prior to the current foreclosure action now on appeal. Appellee corrected the note by affixing an allonge to the note with the proper specialty indorsement and subsequently filed an amended complaint to affect standing. Additionally, appellee was in possession of the mortgage assignment and note at the time the complaint was filed. Appellee's agent provided sufficient authentication of possession and knowledge of the note, mortgage, and assignment of mortgage. The trial court's acceptance of appellee's agent's affidavit was proper.