Christiana Trust v. Berter

Citations

• 152 N.E.3d 831
• 2020 Ohio 727

Syllabus

Defendant mortgagors appeal from a decision granting summary judgment and a foreclosure in favor of plaintiff mortgagee. The court did not violate the mortgagors' due process rights by holding a hearing at which the mortgagee produced the original promissory note for inspection by the court and the mortgagors. The court reviewed the note and then found that the mortgagee had standing to enforce the note. There were no due process concerns because mortgagors had raised concerns about the note and had actual notice of what would occur at the hearing. The mortgagors did not deny that they were in default but challenged various aspects of the mortgagee's entitlement to summary judgment. The mortgagors lacked standing to challenge the validity of an assignment of the note. The mortgagors failed to produce evidence creating genuine issues of fact for trial as to the amount due on the note or whether the mortgagee complied with certain federal regulations before accelerating the note.