U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust Appellee
Dannie Edmon, et al. Appellant
Court No. 2015 CV 0819
A. Friedlander, for appellee.
Geoffrey L. Oglesby, for appellant.
DECISION AND JUDGMENT
1} Appellant, Dannie Edmon, appeals the August 17,
2017 summary judgment of the Erie County Court of Common
Pleas granted in favor of appellee, U.S. Bank, National
Association. For the reasons that follow, we affirm.
2} Appellant sets forth the following assignments of
I. The court erred in allowing the plaintiff an extension in
time to supplement its motion for summary judgment.
II. The court erred when it denied the motion to dismiss
finding the plaintiff had standing to sue.
III. The court erred in granting summary judgment when the
facts were not rehabilitated from the former appellate issue
regarding the firsthand knowledge.
IV. The court erred in considering items found only in the
reply brief in deciding the motion for summary judgment.
3} Appellant executed a promissory note and mortgage
and secured a $155, 000 loan from Accredited Home Lenders,
Inc. in November of 2005. The note and mortgage were
transferred to HSBC Mortgage Services, Inc. in February of
4} Appellant defaulted on the loan, and HSBC filed a
complaint to foreclose in March of 2010. See HSBC Mtge.
Servs., Inc. v. Edmon, 6th Dist. Erie No. E-11-046,
2012-Ohio-4990, ¶ 2. Attached to the complaint were
copies of the note, the mortgage, and a mortgage assignment.
On November 24, 2010, HSBC moved for summary judgment, and
attached to the motion was an affidavit from an HSBC
employee. The contents of the affidavit were summarized as
(1) [The affiant] is an employee of HSBC in the capacity of a
loan servicing agent, (2) HSBC is the "owner in
possession" of the promissory note and mortgage,
"true and accurate copies of which were attached to
[HSBC's] Complaint as Exhibits thereto," (3) HSBC
acquired the note on February 1, 2010, prior to the execution
of the mortgage assignment, (4)HSBC has exercised the option
contained in the "mortgage note," and (5)[The
affiant-employee] has personal knowledge of Edmon's
account, the account is under her supervision, and Edmon is
in default on the note ...