Bank of New York Mellon v. Walker

Citations

• 2017 Ohio 535

Syllabus

Note mortgage statute of limitations R.C. 1303.16 summary judgment plain error failure to object to magistrate's decision ejectment foreclosure specialty differing statute of limitations for note and mortgage standing conditions precedent. The trial court committed plain error in finding that appellants submitted no admissible evidence regarding previous foreclosure filings that would indicate an acceleration previously occurred that would mean the statute of limitations on the note barred recovery. The court did not commit plain error in granting summary judgment for foreclosure of the mortgage because that instrument is governed by a different statute of limitations as it is no longer a merely incidental to the note, but has its own remedies available. Appellants have not demonstrated plain error regarding standing or that all conditions precedent were not met.