July 10, 2014
U.S. Bank Had Standing to Bring Action
The court in deciding United States Bank Nat’l Ass’n v. McHugh, 2013-Ohio-5473 (Ohio Ct. App., Lucas County, 2013) affirmed the judgment of the Lucas County Court of Common Pleas.
In their sole assignment of error, McHugh argued that US Bank did not have standing to pursue the underlying foreclosure action. US Bank responded by arguing that McHugh’s argument was misplaced in that it failed to address the applicable standard for a motion for relief from judgment under Civ.R. 60(B). Further, US Bank argued that the trial court’s decision was proper in light of McHugh’s failure to meet the standard for Civ.R. 60(B) motions.
Ultimately the court concluded that the trial court did not abuse its discretion in denying their Civ.R. 60(B) motion.
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