Washington Mut. Bank, F. A. v. Green

In Washington Mut. Bank, F. A. v. Green, 156 Ohio App.3d 461, 2004 Ohio 1555, 806 N.E.2d 604, Green entered into a note and mortgage with Check 'n Go Mortgage Services. Id. at P2. Washington Mutual filed a complaint in foreclosure against Green when she allegedly defaulted on the note. Id. In an affidavit in support of summary judgment, Washington Mutual's Vice President stated that she had personal knowledge of the account, and that the account was in default. Id. at P6. However, Green submitted documents from the county recorders' office showing assignments to two other mortgage companies, but not to Washington Mutual. Id. at P7. Moreover, during the course of the proceedings, Green received correspondence from another lending institution, Faribanks Capital Corporation, that asserted a right to the proceeds of the note and mortgage. Id. Although Green filed a motion for leave to file a third-party complaint against Fairbanks, the trial court denied the motion and entered summary judgment in favor of Washington Mutual. Id. at P9. On appeal, we concluded that the affidavit of Washington Mutual's Vice President did not establish that the note and mortgage had been assigned to it. Specifically, "the affidavit did not mention how, when, or whether Washington Mutual was assigned the mortgage and note." Id., at P32.