Kiavi Funding, Inc. v. Native Training Solutions Inc.

Summary

The Ohio Second District Court of Appeals affirmed summary judgment and a foreclosure decree in favor of Kiavi Funding, Inc. against Native Training Solutions, Inc. and Pierce Calloway. The court held that Kiavi established the note, mortgage, default, conditions precedent, and amount due, while Calloway failed to present admissible evidence creating a genuine issue of material fact or to properly plead fraud.

Holdings

1. Summary judgment was proper because Kiavi established that it was the holder of the note, mortgage, and personal guarantee; that the borrowers were in default; that the amount due was $95,500 plus interest; and that Calloway failed to respond with proper evidence showing a genuine issue of material fact.
2. To obtain summary judgment in a foreclosure action, the plaintiff must establish that it holds or is entitled to enforce the note and mortgage, establish any required chain of assignments and transfers, prove default, show that conditions precedent were satisfied, and establish the amount of principal and interest due.
3. Calloway waived the fraud defense by failing to plead the circumstances constituting fraud with particularity.

Questions Presented

1. Whether the trial court erred by granting Kiavi summary judgment and entering a foreclosure decree.
2. Whether Calloway's allegations of fraud, misrepresentation, nondisclosure, and related deficiencies created a genuine issue of material fact or constituted a properly pleaded fraud defense.

Disposition

affirmed