Legal Opinion

Bank of America, N.A. v. Miller

Ohio Court of Appeals

Decided March 25, 2011No. 2010-CA-60PublishedCited by 7 opinions

1Opinion of the Court

Fain, Judge.

{¶ 1} Defendants-appellants, Stephen and Elsie Miller, appeal from a judgment of foreclosure rendered in favor of plaintiff-appellee, Bank of America, N.A. (“BOA”). The Millers contend that a genuine issue of material fact exists regarding whether BOA is the real party in interest entitled to judgment on the note and mortgage in question. The Millers also maintain that a genuine issue of material fact exists concerning whether BOA is the holder of the note upon which judgment was sought. Finally, the Millers contend that a genuine issue of material fact exists regarding whether…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. State ex rel. Tubbs Jones v. SusterOhio Supreme Court · 1998
  2. O'TOOLE v. Northrop Grumman Corp.Court of Appeals for the Tenth Circuit · 2007
  3. Shealy v. CampbellOhio Supreme Court · 1985
  4. Smith v. Five Rivers MetroparksOhio Court of Appeals · 1999
  5. Wells Fargo Bank, N.A. v. SessleyOhio Court of Appeals · 2010

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3Cited by7 opinions

  1. Fifth Third Mtge. Co. v. BihnOhio Court of Appeals · 2012
  2. Arch Bay Holdings, L.L.C. v. BrownOhio Court of Appeals · 2012
  3. PNC Bank, Natl. Assn. v. WestOhio Court of Appeals · 2014
  4. State v. BeallOhio Court of Appeals · 2022
  5. Bank of America, N.A. v. MillerOhio Court of Appeals · 2011

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