Building on the landmark Wells Fargo v. Jordan Decision, Ohio’s 8th District Court of Appeals (Cuyahoga County) ruled this week that an affidavit alleging that a foreclosure plaintiff held the note prior to filing of a complaint for foreclosure is not sufficient evidence to support a foreclosure judgment.
In Deutche Bank v. Triplett, the court of appeals held:
“… Deutsche Bank’s affidavit of ownership, sworn out more than a year after the
foreclosure complaint was filed, is insufficient to vest the bank with standing
to file and maintain the action. Thus, if Deutsche Bank had offered no
evidence that it owned the note and mortgage when the complaint was filed,
it would not be entitled to judgment as a matter of law. Jordan, ¶¶ 22-23.
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