Deutsche Bank Natl. Trust Co. v. Talliere

Citations

• 205 N.E.3d 756
• 2023 Ohio 75

Syllabus

Foreclosure standing in rem constructive possession holder note summary judgment preponderance of the evidence. Judgment affirmed. The trial court properly granted the bank summary judgment on its in rem foreclosure claim because no genuine issue of material fact exists. The bank had standing and was the holder of the note, which had a blank endorsement at the time the case was filed. The bank further demonstrated that it was the holder of the note through constructive possession. Moreover, in a typical civil case, the degree of proof is a mere preponderance of the evidence.