U.S. BANK v GEORGE | OH Appeals Ct - to disregard the contradicting copies of the note without proper authentication of current documentation and explanation of the discrepancies, "would be unjust...

U.S. Bank Natl. Assn. v. George, 2015 Ohio 4957 Ohio Court of Appeals Filed: December 3rd, 2015 Status: Precedential Citations: 2015 Ohio 4957 Docket Number: 14AP-817 Judges: Brunner [Cite as U.S. Bank Natl. Assn. v. George, 2015-Ohio-4957.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT {¶ 32} We agree with the Eighth District's pronouncement in Lavelle that to disregard the contradicting copies of the note without proper authentication of current documentation and explanation of the discrepancies, "would be unjust and would ask this court to [ignore] the actions of financial institutions who have an obligation to conform with acceptable business practices and establish an unbroken chain of assignments prior No. 14AP-817 16 to instituting a foreclosure action." Id. at ¶ 22. These inconsistencies as a matter of law effectively rebut appellee's burden of proof under Civ.R. 56(C). . . . {¶ 35} We sustain appellants' sole assignment of error for the reasons stated in this decision and reverse the judgment of the Franklin County Court of Common Pleas, thereby denying appellee's motion for summary judgment and remand this case to the trial court with instructions to proceed in accordance with this decision. Judgment reversed and cause remanded with instructions.