Citizens Bank, N.A. v. Richer

Citations

• 2019 Ohio 2740

Syllabus

Foreclosure, motion to substitute, Civ.R. 25(C), motion for summary judgment, standing. The trial court did not err in granting plaintiff's motion to substitute a different plaintiff because the record showed that the substitute plaintiff was assigned the subject mortgage after the action was filed. The trial court did not err in granting substitute plaintiff's motion for summary judgment on the substitute plaintiff's claims and the defendant's counterclaims because there were no genuine issues of material fact, the substitute plaintiff had standing, and the substitute plaintiff was not required to comply with HUD regulations before filing its foreclosure action. Further, the defendant did not timely rescind his mortgage as he alleged, and there was no evidence that the substitute plaintiff provided false or misleading information or engaged in unfair or deceptive collection practices.