U.S. Bank, N.A. v. Duvall

Ohio Supreme Court
U.S. Bank, N.A. v. Duvall, 128 Ohio St. 3d 1443 (Ohio 2011)
944 N.E.2d 693
Pfeifer

U.S. Bank, N.A. v. Duvall

Opinion of the Court

Cuyahoga App. No. 94174, 2010-Ohio-6478. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals’ Journal Entry filed January 31, 2011:

“To have standing as a plaintiff in a mortgage foreclosure action, must a party show that it owned the note and the mortgage when the complaint was filed?”
Pfeifer, J., dissents.

The conflict eases are U.S. Bank, N.A v. Bayless, Delaware App. No. 09 CAE 01 004, 2009-Ohio-6115, U.S. Bank, N.A. v. Marcino, 181 Ohio App.3d 328, 2009-Ohio-1178, Bank of New York v. Stuart, Lorain App. No. 06CA008953, 2007-Ohio-1483, and Countrywide Home Loan Servicing, L.P. v. Thomas, Franklin App. No. 09AP-819, 2010-Ohio-3018.

Reference

Cited By
2 cases
Status
Published