FV-I, Inc., In Trust for Morgan Stanley Mtge. Capital Holdings, L.L.C. v. Townsend-Young

Citations

• 2020 Ohio 5184

Syllabus

Civ.R. 56(C)/summary judgment foreclosure action standing FDCPA/deceptive practices creditor debt collector prima facie showing class claims fraud qualified immunity civil conspiracy. Appellants are not parties to, nor are they third-party beneficiaries of the assignment of mortgage. Appellants, therefore, lack standing to challenge the assignment of mortgage, and the trial court did not err in determining that appellants lack standing. Appellants failed to establish a prima facie case. Under the FDCPA, appellees are not considered debt collectors. Appellants' argument of performance of deceptive practices by appellees fails. Appellants failed to produce evidence that appellees made material representations to appellants that appellants relied upon to their detriment. Appellants failed to overcome the doctrine of qualified immunity, and appellants' argument for fraud fails. Additionally, where appellants' prior claims failed, so too does appellants' claim of conspiracy. There exists no underlying unlawful act. It was proper where the trial court granted appellees' motion for summary judgment on appellants' fraud and conspiracy claims. Appellants' individual claims were dismissed. Appellants, therefore, lack standing to bring claims on the behalf of others. The trial court did not err in dismissing appellants' class claims.