Ohio Appeals Court: Bankster's Failure To Establish Itself As "Real Party In Interest" Sinks Foreclosure Judgment

In another reversal of a trial court ruling in a foreclosure sale, an Ohio appeals court found that a bankster who failed, at the time of the filing of the lawsuit, to attach an assignment of the promissory note it was attempting to collect, and who otherwise failed to identify the date it obtained possession of the note or explain why it had been unable to produce evidence of the assignment failed to establish itself as a real party in interest. Accordingly, it was not entitled to summary judgment in this case.

For the ruling, see HSBC Bank USA v. Beirne, 2012-Ohio-1386 (9th Dist. March 30, 2012).