Legal Opinion · Dissent

Deutsche Bank Trust Co. v. Barksdale Williams

Ohio Court of Appeals

Decided April 19, 2007No. 88252Published

1DissentMelody J. Stewart, Judge

{¶ 15} I respectfully dissent from the majority’s decision to dismiss this appeal. I believe that appellant has standing to bring this appeal and would review it on the merits.

{¶ 16} The majority concludes that appellant owned no interest in the property and therefore had no authority to challenge the foreclosure. It is uncontroverted that defendant Jacqueline Barksdale Williams had been deceased for nine months prior to plaintiff-appellee Deutsche Bank’s filing of the underlying foreclosure action. It has long been established in law that following death, all real estate passes to the heirs.…

2Cases cited4 opinions

  1. Bank One Dayton, N.A. v. EllingtonOhio Court of Appeals · 1995
  2. Federal National Mortgage Ass'n v. DayOhio Court of Appeals · 2004
  3. Brownfield v. Home Owners Loan Corp.Ohio Court of Appeals · 1942
  4. Gaurdian Alarm Co. v. MahmoudOhio Court of Appeals · 2006

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