James Douglass Attorney wins Forclosure Appeal in Ohio against BANK OF NY MELLON TRUST CO. The Bank failed to attach a copy of the note to the complaint, as required by Civ.R. 10v.

BANK OF NY MELLON TRUST CO. v. Shaffer, 2013 Ohio 3205 – Ohio: Court of Appeals, 11th Appellate

James Douglass wins against the Banks Summary Judgement in the Appeals Court! Fellow leading attorneys Nationwide commented on the case applauding  James Douglass skills and proven results!

-A summary of the case from Max Gardner III attorney and leading Legal National Scholar!

“Further, while the complaint alleges that New York Mellon is “the holder of a note,” New York Mellon did not attach a copy of the note to the complaint, as required by Civ.R. 10. Instead, it alleged a copy of the note was “unavailable at this time” without offering any reason for its unavailability. Thereafter, New York Mellon never filed a copy of the note. New York Mellon’s allegation in the complaint that it holds a note is conclusory without any detail concerning when New York Mellon obtained the note. Likewise, while New York Mellon stated in its affidavit that it holds the note by assignment, it did not state when or by whom the note was assigned to it. Thus, there is no evidence in the record that New York Mellon held the note on the date it filed the complaint.

Because New York Mellon failed to establish it held either the note or mortgage as of the date it filed the complaint, it lacked standing. As a result, this case is not justiciable; the trial court lacked subject-matter jurisdiction to enter its judgment of foreclosure; its judgment was void; and the court’s lack of subject-matter jurisdiction was subject to challenge at any time.”

Mr. James Douglass is –  “Dedicated to the Defense of those who are being Pushed Around! “
 
 Please contact James R, Douglass Co. LPA to discuss your options!
Your Legal Options may be “time sensitive”!
 
James Douglass-Attorney at Law
216 991 7640 office
216 991 7641 fax
216 870 2001 cell

www.JDouglassLaw.com

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