U.S. BANK NATL. ASSN. v. HIGGINS

Appellate No. 24963.

2012 Ohio 4086

U.S. BANK NATIONAL ASSOCIATION, Plaintiff-Appellee, v. CHONDA B. HIGGINS, et al., Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on September 7, 2012.


Attorney(s) appearing for the Case

JASON WHITACRE , Atty. Reg. #0077330, LAURA C. INFANTE , Atty. Reg. #0082050 and JULIE TERRY , Atty. Reg. #0082098, The Law Offices of John D. Clunk, 4500 Courthouse Boulevard, Suite 400, Stow, Ohio 44224, Attorneys for Plaintiff-Appellee, U.S. Bank National Association.

GEORGE PATRICOFF , Atty. Reg. #0024506, 301 West Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Defendant-Appellee, Montgomery County Treasurer.

ANTHONY R. CICERO , Atty. Reg. #0065408, Cicero Law Office, LLC, 500 East Fifth Street, Dayton, Ohio 45402, Attorney for Defendant-Appellant, Brian Higgins.

CHONDA B. HIGGINS , 7634 Morning Mist Circle, Dayton, Ohio 45426 Defendant-Appellee, pro se.


OPINION

FAIN, J.

{¶ 1} Defendant-appellant Brian Higgins appeals from a summary judgment rendered against him in an action for foreclosure filed by plaintiff-appellee U.S. Bank National Association. Higgins contends that the trial court erred by rendering summary judgment against him, because U.S. Bank failed to demonstrate that it was the holder of the note and mortgage, by assignment. He further contends that because the assignment of...

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