U.S. Bank, N.A. v. O'Malley

Citations

• 2019 Ohio 5340

Syllabus

Statute of limitations foreclosure personal judgment on the note motion for summary judgment R.C. 1303.16(A) standing holder of the note assignment of the mortgage allonge physically attached personal knowledge authenticate the default and successor relationship. Although plaintiff-appellant bank's personal judgment on a note was barred by R.C. 1303.16(A)'s six-year statute of limitation, its in rem foreclosure action on the mortgage — that is subject to a longer statute of limitations — was not barred. Plaintiff-appellant bank established standing to prosecute the foreclosure action because it was the holder of the note and it was assigned the mortgage. Motion for summary judgment was properly granted by the trial court where no genuine issue of material fact existed regarding the allonges and whether they were attached to the original note when the foreclosure action was filed. The affidavit attached to the plaintiff-appellant's motion for summary judgment was based upon the affiant's personal knowledge and authenticated the default. Plaintiff-appellant bank introduced sufficient evidence to establish its successor interest in the note and mortgage.