Wilmington Trust, Natl. Assn. v. Boydston
Citations
- 2017 Ohio 5816
Syllabus
Summary judgment foreclosure affidavit standing real part in interest. Trial court properly granted summary judgment in foreclosure action where the plaintiff established through an affidavit and evidentiary materials that it was the holder of the note and mortgage, the defendant was in default for failure to pay, the plaintiff had sent the required notice to the defendant, and the amount due on the note. The affidavit supporting the plaintiff's motion was made on personal knowledge and established that the plaintiff had standing to sue and was the real party in interest. The defendant did not oppose the plaintiff's summary judgment motion and thus failed to meet his reciprocal burden to demonstrate there was a genuine issue of material fact for trial.
Judges: Keough
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