Affidavits Not Enough to Prove Ownership of a Mortgage Note

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.

For More Information on Foreclosure Defense contact: Law Offices Of Marc Dann Co. LPA .

Tagged with: , , , ,
Posted in Forclosure, Uncategorized
One comment on “Affidavits Not Enough to Prove Ownership of a Mortgage Note
  1. […] 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 fore … Read More […]

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: