Opinion
No. 2011-1362.
October 5, 2011.
Greene App. No. 2010 CA 41, 2011-Ohio-2681.
MOTION AND PROCEDURAL RULING
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 4 of the court of appeals' entry filed July 27, 2011:
"In a mortgage foreclosure action, the lack of standing or a real party in interest defect can be cured by the assignment of the mortgage prior to judgment."
The conflict cases are Wells Fargo Bank, N.A. v. Byrd, 178 Ohio App.3d 285, 2008-Ohio-4603, Bank of New York v. Gindele, Hamilton App. No. C-090251, 2010-Ohio-542, Wells Fargo Bank v. Jordan, Cuyahoga App. 91675, 2009-Ohio-1092.
Sua sponte, cause consolidated with 2011-1201, Fed. Home Loan Mtge. Corp. v. Schwartzwald, Greene App. No. 2010 CA 41, 2011-Ohio-2681.