Washington Mut. Bank, F.A. v. Wallace

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Washington Mut. Bank, F.A. v. Wallace, Slip Opinion No. 2012-Ohio-5495.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2012-OHIO-5495 WASHINGTON MUTUAL BANK, F.A., APPELLEE, v. WALLACE ET AL., APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Washington Mut. Bank, F.A. v. Wallace, Slip Opinion No. 2012-Ohio-5495.] Certified conflict question answered in the negative Court of appeals judgment reversed and cause remanded for further proceedings consistent with Fed. Home Loan Mtge. Corp. v. Schwartzwald. (Nos. 2011-1693 and 2011-1694 Submitted December 4, 2012 Decided December 5, 2012. APPEAL from and CERTIFIED by the Court of Appeals for Warren County, No. CA2010-10-103, 2011-Ohio-4174. __________________ {ΒΆ 1} The certified conflict question is answered in the negative. The judgment of the court of appeals is reversed, and the cause is remanded to the trial court for further proceedings consistent with Fed. Home Loan Mtge. Corp. v. Schwartzwald, ___ Ohio St.3d ___, 2012-Ohio-5017, ___ N.E.2d ___. SUPREME COURT OF OHIO O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Thompson Hine, L.L.P., Scott A. King, and Terry W. Posey Jr., for appellee. Andrew M. Engel, for appellant. ______________________ 2
Primary Holding

The Court summarily reversed and remanded the trial court's denial of Ms. Wallace's motion to vacate the foreclosure judgment for lack of standing. This case was decied based on the Court's decision in Fed. Home Loan Mortgage Corp. v. Schwartzwald.

Attorneys
  • Andrew M. Engel - for Betty Wallace
  • Scott A. King - for Washington Mutual Bank
Case Commentary

This case differed from Schwartzwald because it was not a direct appeal. Rather it was an appeal from the denial of a collateral attack on the judgment for lack of standing. Although the Court provided no analysis, the decision seemed to indicate that judgments were subject to attack if the plaintiff lacked standing to file suit in the first place.


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