Huntington Natl. Bank v. Blue

Citations

• 2023 Ohio 3881

Syllabus

Foreclosure summary judgment motion to quash subpoena untimely counterclaim motion to compel discovery standing. The trial court properly ignored appellant's counterclaim because it was untimely filed without leave of court. Because appellant did not follow the appropriate procedure set forth in the civil rules for obtaining discovery, there were no grounds upon which the trial court could grant his motions to compel. There was no requirement that the order of sale contain the clerk of courts seal as the appellant is required under federal law. This foreclosure action was brought in state court, not federal court, and, therefore, the federal statute did not apply to it. The trial court properly granted the bank's motion to quash appellant's subpoena for the original note. A foreclosing bank is not required to present the original documents to the trial court a trial court can rely on copies of a note and mortgage in ruling on a motion for summary judgment in a foreclosure case. The appellant failed to come forward with affirmative evidence demonstrating that there was a genuine issue of material fact regarding the bank's foreclosure complaint. The trial court therefore properly granted the bank's motion for summary judgment. The bank had standing to pursue this foreclosure action. It presented evidence that, as of the time it filed its complaint, it was both entitled to enforce the note and was the assignee of the mortgage.