H.S.B.C. Bank U.S.A. v. Brinson

CALLAHAN, Judge.

{¶ 1} Appellants, Evis and Alisha Brinson, appeal from the judgment of the Summit County Common Pleas Court in favor of Appellee, HSBC Bank USA ("HSBC Bank"). For the reasons set forth below, this Court reverses and remands.

I

{¶ 2} HSBC Bank filed a complaint to foreclose on the Brinsons' residential mortgage and to obtain a personal judgment against Mr. Brinson on the note. HSBC Bank moved for summary judgment on the complaint. The Brinsons opposed the summary judgment motion by arguing that HSBC Bank lacked standing to bring the foreclosure action and HSBC Bank was estopped…