Bank of Am., N.A. v. Kuchta (Slip Opinion), 21 N.E.3d 1040 (Ohio 2014). · Go Syfert
Bank of Am., N.A. v. Kuchta (Slip Opinion), 21 N.E.3d 1040 (Ohio 2014). Cases Citing This Book View Copy Cite
1,076 citation events (1,076 in the last 25 years) across 16 distinct courts.
Strongest positive: State v. Parks (ohioctapp, 2026-06-18)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Parks (2×)
Ohio Ct. App. · 2026 · confidence medium
“A court’s subject-matter jurisdiction is determined without regard to the rights of the individual parties involved in a particular case.” Kuchta at ¶ 19.
examined Cited as authority (rule) In re L.M.H. (3×) also: Cited "see"
Ohio Ct. App. · 2026 · confidence medium
Kuchta at ¶ 16; Bowman at ¶ 20 . 2.
discussed Cited as authority (rule) Wilkes v. Williams
Ohio Ct. App. · 2026 · confidence medium
Because a court is powerless to hear a case without subject-matter jurisdiction, “ ‘[a] court’s subject-matter jurisdiction is determined without regard to the rights of the individual parties involved in a particular case.’ ” Corder v. Ohio Edison Co., 2020-Ohio- 5220, ¶ 14, quoting Kuchta at ¶ 19.
examined Cited as authority (rule) Am. Express Natl. Bank v. Jenkins (10×) also: Cited "see"
Ohio Ct. App. · 2026 · confidence medium
Patton's principle applies to defects in subject-matter jurisdiction, which Kuchta definitively clarified does not include standing deficiencies, Kuchta at ¶ 19-23.
discussed Cited as authority (rule) State v. Lott
Ohio Ct. App. · 2026 · confidence medium
It has long been recognized that “Civ.R. 60(B) exists to resolve injustices that are so great that they demand a departure from the strict constraints of res judicata.” Kuchta at ¶ 16, citing Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238, 244 (1944).
cited Cited as authority (rule) SER Liquidation Dealz, L.L.C. v. Hummer
Ohio Ct. App. · 2026 · confidence medium
“A court’s subject- matter jurisdiction is determined without regard to the rights of the individual parties involved in a particular case.” Kuchta at ¶ 19.
discussed Cited as authority (rule) PennyMac Loan Servs., L.L.C. v. Nespeca
Ohio Ct. App. · 2025 · confidence medium
Kuchta at ¶ 18-23 (“If a court possesses subject-matter jurisdiction, any error in the invocation or exercise of jurisdiction over a particular case causes a judgment to be voidable rather than void.”). {¶63} Here, the root of PennyMac’s argument does not truly dispute the trial court had jurisdiction over a foreclosure action, which includes motions to distribute excess proceeds filed in the action.
discussed Cited as authority (rule) State ex rel. Garrison v. Hawkins
Ohio Ct. App. · 2025 · confidence medium
Bank of Am., N.A. v. Kuchta, 2014-Ohio-4275 , ¶ 19, citing Morrison v. Steiner, 32 Ohio St.2d 86, 87 (1972). “ ‘A court’s subject-matter jurisdiction is determined without regard to the rights of the individual parties involved in a particular case.’ ” Corder v. Ohio Edison Co., 2020-Ohio-5220 , ¶ 14, quoting Kuchta at ¶ 19.
discussed Cited as authority (rule) State v. Coby (2×)
Ohio Ct. App. · 2025 · confidence medium
Common Pleas Court, 2023-Ohio-3534, ¶ 16 , quoting State v. Harper, 2020-Ohio-2913 , ¶ 23, citing Pratts v. Hurley, 2004-Ohio-1980 , ¶ 11-12, 34. “‘“A court’s subject-matter jurisdiction is determined without regard to the rights of the individual parties involved in a particular case.”’” Id., quoting Harper at ¶ 23, quoting Bank of Am., N.A. v. Kuchta, 2014-Ohio-4275 , ¶ 19 (“Kuchta”). “‘Rather, the focus is on whether the forum itself is competent to hear the controversy.’” Id., quoting Harper at ¶ 23, citing 18A Wright, Miller & Cooper, Federal Practice and P…
discussed Cited as authority (rule) Akron v. Stone (2×)
Ohio Ct. App. · 2025 · confidence medium
“Subject-matter jurisdiction is the power of a court to entertain and adjudicate a particular class of cases” and “is determined without regard to the rights of the individual parties involved in a particular case.” In re T.D. at ¶ 5, quoting Kuchta at ¶ 19.
discussed Cited as authority (rule) Mitchell v. KeyBank National Association
S.D. Ohio · 2025 · confidence medium
In the state of Ohio, common pleas courts have “subject-matter jurisdiction over actions in foreclosure.” Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75, ¶ 20 , 2014-Ohio-4275 , 21 N.E.3d 1040, 1046 (Ohio 2014); see also Ohio Rev.
discussed Cited as authority (rule) In re Adoption of J.P.B. (2×)
Ohio Ct. App. · 2025 · confidence medium
“But a particular party’s standing, or lack thereof, does not affect the subject-matter jurisdiction of the court in which the party is attempting to obtain relief.” Kuchta at ¶ 23, citing State ex rel.
examined Cited as authority (rule) State ex rel. Schwarzmer v. Mazzone (4×)
Ohio · 2025 · confidence medium
Bank of Am., N.A. v. Kuchta, 2014-Ohio-4275, ¶ 19.
cited Cited as authority (rule) U.S. Bank, N.A. v. Chibinda
Ohio Ct. App. · 2025 · confidence medium
Kuchta at ¶ 16; In re R.B. at ¶ 20. {¶ 19} As a result, we find the trial court did not abuse its discretion by denying the Chibindas' Civ.R. 60(B) motion for relief from judgment.
discussed Cited as authority (rule) State v. Berry
Ohio Ct. App. · 2025 · confidence medium
Because a court is powerless to hear a case without subject-matter jurisdiction, “ ‘[a] court’s subject-matter jurisdiction is determined without regard to the rights of the individual parties involved in a particular case.’ ” Corder v. Ohio Edison Co., 2020-Ohio-5220 , ¶ 14, quoting Kuchta at ¶ 19.
examined Cited as authority (rule) MTGLQ Investors, L.P. v. McKind (3×)
Ohio Ct. App. · 2024 · confidence medium
The Ohio Supreme Court addressed and clarified the concept of “standing,” relative to foreclosure actions, in Bank of Am., N.A. v. Kuchta, 2014-Ohio-4275 , and rejected “standing” as necessary for subject matter jurisdiction, concluding, “[E]ven if a plaintiffs’ assertion of standing was patently false…lack of standing does not render a judgment void for lack of subject-matter jurisdiction.” Kuchta at ¶25.
discussed Cited as authority (rule) In re Application for Correction of Birth Record of Adelaide
Ohio · 2024 · confidence medium
See Barclays Bank at ¶ 14-23 (issuing a writ of prohibition against the Hamilton County Court of Common Pleas after finding that that court lacked subject-matter jurisdiction because of a lack of an adverse legal interest); Bank of Am., N.A. v. Kuchta, 2014-Ohio-4275, ¶ 17 (stating that subject-matter jurisdiction may be challenged at any time because a court that lacks subject-matter jurisdiction renders that court’s judgment void ab initio).
discussed Cited as authority (rule) Hernandez v. Hamdy (2×)
Ohio Ct. App. · 2024 · confidence medium
“If a court possesses subject-matter jurisdiction, any error in the invocation or exercise of jurisdiction over a particular case causes a judgment to be voidable rather than void.” Kuchta at ¶ 19. “[A] determination as to whether the trial court has subject matter jurisdiction is . . . reviewed de novo.” Dilley v. Dilley, 2017-Ohio-8439, ¶ 15 (11th Dist.). {¶13} In general, common pleas courts have “original jurisdiction over all justiciable matters and such powers of review of proceedings of administrative officers and agencies as may be provided by law.” Ohio Const., art.
discussed Cited as authority (rule) Elliott v. Bobb
Ohio Ct. App. · 2024 · confidence medium
However, the rule does not exist to allow a party to obtain relief from his or her own choice to forgo an appeal from an adverse decision.” (Citation omitted.) Bank of America, N.A. v. Kuchta, 141 Ohio St.3d 75, ¶ 15 (2014).
discussed Cited as authority (rule) State v. Taylor
Ohio · 2024 · confidence medium
Jurisdiction of Juvenile and Adult Courts over Cases Involving Juveniles {¶ 39} “Subject-matter jurisdiction refers to the constitutional or statutory power of a court to adjudicate a particular class or type of case.” State v. Harper, 160 Ohio St.3d 480, 2020-Ohio-2913, 159 N.E.3d 248, ¶ 23. “ ‘A court’s subject- matter jurisdiction is determined without regard to the rights of the individual parties involved in a particular case.’ ” Id., quoting Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75, 2014-Ohio-4275, 21 N.E.3d 1040, ¶ 19.
discussed Cited as authority (rule) State v. Williams
Ohio · 2024 · confidence medium
Jurisdiction of Juvenile and Adult Courts Over Cases Involving Juveniles {¶ 35} “Subject-matter jurisdiction refers to the constitutional or statutory power of a court to adjudicate a particular class or type of case.” State v. Harper, 160 Ohio St.3d 480, 2020-Ohio-2913, 159 N.E.3d 248, ¶ 23. “ ‘A court’s subject- matter jurisdiction is determined without regard to the rights of the individual parties involved in a particular case.’ ” Id., quoting Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75, 2014-Ohio-4275, 21 N.E.3d 1040, ¶ 19.
discussed Cited as authority (rule) Portfolio Recovery Assocs., L.L.C. v. Crenshaw
Ohio Ct. App. · 2024 · confidence medium
Id., citing Harris v. Anderson, 109 Ohio St.3d 101 , 2006-Ohio-1934 , 846 N.E.2d 43 , ¶ 9, and Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75 , 2014-Ohio-4275 , 21 N.E.3d 1040, ¶ 15 (“Civ.R. 60(B) ‘does not exist to allow a party to obtain relief from his or her own choice to forgo an appeal from an adverse decision.’”).
discussed Cited as authority (rule) State ex rel. Mobarak v. Brown
Ohio · 2024 · confidence medium
This court has held that “the court of common pleas is a court of general jurisdiction, with subject-matter jurisdiction that extends to ‘all matters at law and in equity that are not denied to it.’ ” Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75, 2014-Ohio-4275, 21 N.E.3d 1040, ¶ 20, quoting Saxton v. Seiberling, 48 Ohio St. 554, 558-559, 29 N.E. 179 (1891).
discussed Cited as authority (rule) Logan v. Champaign Cty. Bd. of Elections
Ohio Ct. App. · 2023 · confidence medium
No. Franklin 08AP-1067, 2009- Ohio-3230, ¶ 4 (a trial court may properly dismiss a matter for failure to state a claim upon which relief can be granted for lack of standing under Civ.R. 12(B)(6)); Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75 , 2014-Ohio-4275 , 21 N.E.3d 1040, ¶ 23 (lack of standing is a fundamental flaw requiring dismissal). {¶ 27} When reviewing a trial court’s judgment granting a Civ.R. 12(B)(6) motion to dismiss, an appellate court must independently examine the complaint to determine whether the dismissal was appropriate.
discussed Cited as authority (rule) Nyamusevya v. Chief Bankruptcy Judge John E. Hoffman
S.D. Ohio · 2023 · confidence medium
In the state of Ohio, common pleas courts have “subject-matter jurisdiction over actions in foreclosure.” Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75, ¶ 20 , 2014- Ohio-4275, 21 N.E.3d 1040, 1046 (Ohio 2014); see also Ohio Rev.
discussed Cited as authority (rule) In re K.K.
Ohio · 2022 · confidence medium
See Article IV, Section 4, Ohio Constitution; Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75 , 2014-Ohio-4275 , 21 N.E.3d 1040, ¶ 20 (a common pleas court is a court of general jurisdiction with subject-matter jurisdiction that extends to all matters at law and in equity that are not denied to it); but see Seventh Urban, Inc. v. Univ.
discussed Cited as authority (rule) Smith v. Manley, Deas, and Kochalski LLC (MDK)
S.D. Ohio · 2022 · confidence medium
He is a judge of the Court of Common Pleas for Hamilton County.3 In the state of Ohio, common pleas courts have “subject-matter jurisdiction over actions in foreclosure.” Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75, ¶ 20 , 2014-Ohio-4275 , 21 N.E.3d 1040, 1046 (Ohio 2014); see also Ohio Rev.
discussed Cited as authority (rule) Miller v. Miller
Ohio Ct. App. · 2022 · confidence medium
Cuyahoga Nos. 107974 and 108167, 2019-Ohio-4459, ¶ 23 (“[I]ssues that could have been raised on appeal may not be raised in a Civ.R. 60(B) motion for relief from judgment.”); Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75 , 2014-Ohio-4275 , 21 N.E.3d 1040, ¶ 16 (“It is well established that a Civ.R. 60(B) motion cannot be used as a substitute for an appeal and that the doctrine of res judicata applies to such a motion.”).
discussed Cited as authority (rule) Mary Martin v. Bank of N.Y. Mellon
6th Cir. · 2021 · confidence medium
In Bank of America, N.A. v. Kuchta, it held that when a party elects not to appeal an adverse decision, res judicata bars using a motion for relief from a judgment to raise the issue of standing. 21 N.E.3d 1040, 1045 (Ohio 2014).
discussed Cited as authority (rule) DeChellis v. Estate of DeChellis
Ohio Ct. App. · 2020 · confidence medium
If a court possesses subject-matter jurisdiction, any error in the invocation or exercise of jurisdiction over a particular case causes a judgment to be voidable rather than void. *** Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75 , 2014-Ohio-4275 , 21 N.E.3d 1040, ¶ 19 (2014).
discussed Cited as authority (rule) Pennymac Corp. v. Godinez.
Haw. · 2020 · confidence medium
As the United States Supreme Court observed, “[i]t is clear that res judicata and collateral estoppel do not apply if a party moves the rendering court in the same proceeding to correct or modify its judgment.” Arizona v. California, 460 U.S. 605, 619 (1983). 14 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** PennyMac argues res judicata bars Godinez from relitigating the issue of standing, relying on a case from the Supreme Court of Ohio, Bank of America, N.A. v. Kuchta, 21 N.E.3d 1040, 1045-47 (Ohio 2014), and an unpublished ICA decision, Wells Fargo Bank N.A. v…
discussed Cited as authority (rule) International Medical Education Group, LLC v. Furst
N.D. Ohio · 2020 · confidence medium
Ohio Aug. 19, 2009) (citing , 184 F.3d 1292 , 1297 (11th Cir. 1999)). 22 , 21 N.E.3d 1040, 1044 (Ohio 2014) (citing , 351 N.E.2d 113 (1976)). 23 , 2018 WL 776601 , at *2 (Ohio Ct. App. February 8, 2018) (citing must “allege operative facts with enough specificity to allow the trial court to decide whether a meritorious defense exists.”24 The parties do not dispute that Defendant Furst moved for relief within a reasonable time.
discussed Cited as authority (rule) John D. Smith Co., LPA v. Lipsky
S.D. Ohio · 2020 · confidence medium
“A determination of standing necessarily looks to the rights of the individual parties to bring the action, because the parties must have a personal stake in the outcome of the action.” Bank of Am., N.A. v. Kuchta, 21 N.E.3d 1040, 1047 (2014) (emphasis omitted).
discussed Cited as authority (rule) Dates v. HSBC Bank USA, N.A.
S.D. Ohio · 2020 · confidence medium
(See Doc. 5, PAGEID#: 645–50 at ¶¶ 13, 15, 17–18, 20, 26–27, 33, 36–38, 40–42, 45). does not refer to conduct that would have been a defense to or claim in the case itself.” Id. (quoting Bank of Am., N.A. v. Kuchta, 21 N.E.3d 1040, 1044 (Ohio 2014)).6 Plaintiff/Appellant’s allegations do not show extrinsic fraud.
discussed Cited as authority (rule) Dates v. HSBC Bank USA, N.A.
S.D. Ohio · 2020 · confidence medium
The Court in Martin emphasized that this qualification contemplates extrinsic fraud that undermines the actual presentation of a party’s case, such as “deceit or other unconscionable conduct[,] . . . and does not refer to conduct that would have been a defense to or claim in the case itself.” Id. (quoting Bank of Am., N.A. v. Kuchta, 21 N.E.3d 1040, 1044 (Ohio 2014)).5 Plaintiff/Appellant’s allegations do not show extrinsic fraud.
cited Cited as authority (rule) State v. Bergandine
Ohio Ct. App. · 2020 · confidence medium
Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75 , 2014- Ohio- 4275, 21 N.E.3d 1040, ¶ 19 (2014). {¶33} This matter was brought before the Delaware Municipal Court.
discussed Cited as authority (rule) Martin v. The Bank of New York Mellon Corporation
S.D. Ohio · 2020 · confidence medium
As the Ohio Supreme Court has explained, the type of fraud justifying relief from a judgment “refers to deceit or other unconscionable conduct committed by a party to obtain a judgment and does not refer to conduct that would have been a defense to or claim in the case itself.” Kuchta, 21 N.E.3d at 1044 (emphasis added) (citing numerous cases).
discussed Cited as authority (rule) State v. Dye
unknown court · 2019 · confidence medium
See Pratts v. Hurley, 102 Ohio St.3d 81 , 2004-Ohio-1980 , 806 N.E.2d 992 , ¶ 10, 24 (“There is a distinction between a court that lacks subject-matter jurisdiction over a case and a court that improperly exercises that subject-matter jurisdiction once conferred upon it.”); Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75 , 2014-Ohio- 4275, 21 N.E.3d 1040, ¶ 19 (“If a court possesses subject-matter jurisdiction, any error in the invocation or exercise of jurisdiction over a particular case causes a 5 OHIO FIRST DISTRICT COURT OF APPEALS judgment to be voidable rather than void.”); In r…
cited Cited as authority (rule) State ex rel. Kerr v. Kelsey
Ohio Ct. App. · 2019 · confidence medium
Bank of Am. v. Kuchta, 141 Ohio St.3d 75 , 2014-Ohio-4275 , 21 N.E.3d 1040, ¶ 19 (internal citations omitted).
discussed Cited as authority (rule) State v. Haddix
Ohio Ct. App. · 2018 · confidence medium
Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75 , 2014-Ohio-4275 , 21 N.E.3d 1040, ¶ 19 (2014) Ohio common pleas courts have “original jurisdiction of all crimes and offenses, except in cases of minor offenses the exclusive jurisdiction of which is vested in courts inferior to the court of common pleas.” R.C. 2931.03.
examined Cited as authority (rule) State v. Clay (4×) also: Cited "see"
Ohio Ct. App. · 2018 · confidence medium
Furthermore, "an accused cannot attack an indictment valid on its face on the ground that the grand jury lacked sufficient credible evidence to indict." Nields , 93 Ohio St.3d 6 , 752 N.E.2d 859 , {¶ 42} Subject matter jurisdiction is "the power of a court to entertain and adjudicate a particular class of cases." Kuchta , 141 Ohio St.3d 75 , 2014-Ohio-4275 , 21 N.E.3d 1040 at ¶ 19 (a mere error in the invocation or exercise of jurisdiction over a particular case can cause a judgment to be voidable, but it does not cause the judgment to be void). "[T]he court of common pleas is a court of gen…
discussed Cited as authority (rule) United Bank v. Lemon
Ohio Ct. App. · 2018 · confidence medium
Bank of Am., N.A. v. Kuchta, 141 -6- Case No. 3-17- 17 Ohio St.3d 75 , 2014-Ohio-4275 , 21 N.E.3d 1040, ¶ 16 (holding “[i]t is well established that a Civ.R. 60(B) motion cannot be used as a substitute for an appeal and that the doctrine of res judicata applies to such a motion.”).
discussed Cited as authority (rule) Paulus v. Beck Energy Corp.
Oh. Ct. App. 7th Dist. Monroe · 2017 · confidence medium
Kuchta , 141 Ohio St.3d 75 , 2014-Ohio-4275 , 21 N.E.3d 1040 at ¶ 23. {¶ 29} Upon concluding a lack of standing does not justify a collateral attack on a judgment, the court noted: "Lack of standing is certainly a fundamental flaw that would require a court to dismiss the action, Schwartzwald at ¶ 40, and any judgment on the merits would be subject to reversal on appeal." Id.
cited Cited as authority (rule) Bank of New York v. Martin
Ohio Ct. App. · 2015 · confidence medium
Kuchta, 2014-Ohio-4275 at ¶ 25. {¶27} The default judgment and decree of foreclosure were issued July 12, 2012.
discussed Cited as authority (rule) Oakes v. Ohio Dept. of Pub. Safety
Ohio Ct. App. · 2014 · confidence medium
Kuchta, supra, at ¶19. {¶21} Appellants’ first issue is without merit. {¶22} Regarding their second issue, appellants contend the trial court erred in considering the two affidavits attached to appellee’s reply brief in support of its motion to dismiss and allege that appellee’s motion should have been converted into one involving summary judgment. {¶23} Appellants rely on two cases in support of their position: Parks v. Hillsdale Community Health Ctr., 1999 U.S. Dist.
discussed Cited as authority (rule) Bowman v. Leisz (2×) also: Cited "see, e.g."
Ohio Ct. App. · 2014 · confidence medium
Kuchta, 2014-Ohio-4275 at ¶ 16 ("It is well established that a Civ.R. 60(B) motion cannot be used as a substitute for an appeal and the doctrine of res judicata applies to such a motion"). {¶ 21} Moreover, even if the Civ.R. 60(B) motion had been the proper procedural course, we find no abuse of discretion in the trial court's denial of Leisz's motion.
cited Cited "see" Basel v. Schlarb
Ohio Ct. App. · 2026 · signal: see · confidence high
See Kuchta, 2014-Ohio-4275 , at ¶ 18.
discussed Cited "see" Navy Fed. Credit Union v. Mcafee
Ohio Ct. App. · 2024 · signal: see · confidence high
See Bank of Am., N.A. v. Kuchta, 2014-Ohio-4275 , ¶ 15-16 (“In this case, the Kuchtas filed a Civ.R. 60(B) motion in order to relitigate an issue that they had raised at the start of litigation and which they failed to appeal.
examined Cited "see" State ex rel. E. Ohio Gas Co. v. Corrigan (6×)
Ohio · 2024 · signal: see · confidence high
See Bank of America, N.A. v. Kuchta, 141 Ohio St.3d 75, 2014-Ohio-4275, 21 N.E.3d 1040, ¶ 20; R.C. 2305.01.
cited Cited "see" State v. Elkins
Ohio Ct. App. · 2023 · signal: see · confidence high
See Ogle at ¶ 17 , citing Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75 , 2014- Ohio-4275, ¶ 26.
Retrieving the full opinion text from the archive…
Bank of America, N.A., Appellant,
v.
Kuchta Et Al., Appellees
2013-0304.
Ohio Supreme Court.
Oct 8, 2014.
21 N.E.3d 1040
Thompson Hiñe, L.L.P., Scott A. King, and Terry W. Posey Jr., for appellant., Dann, Doberdruk & Harshman, Grace M. Doberdruk, Marc E. Dann, Daniel M. Solar, and James R. Douglass, for appellees., Andrew M. Engel Co., L.P.A., and Andrew M. Engel; and Mills, Mills, Fiely & Lucas, L.L.C., and John Sherrod, urging affirmance for amici curiae Joseph and Lori LaPierre., Ohio Poverty Law Center, L.L.C., and Linda Cook; Southeastern Ohio Legal Services and Peggy P. Lee; Legal Aid Society of Southwest Ohio, L.L.C., and Noel M. Morgan; Advocates for Basic Legal Equality, Inc., and Andrew D. Neuhauser, urging affirmance for amici curiae Ohio Poverty Law Center, L.L.C.,, Southeastern Ohio Legal Services, Legal Aid Society of Southwest Ohio, L.L.C., and Advocates for Basic Legal Equality, Inc.
O'Connor, O'Donnell, Lanzinger, Kennedy, French, Pfeifer, O'Neill.
Cited by 312 opinions  |  Published

Lead Opinion

O’Connor, C.J.

{¶ 1} In this appeal, we are asked to resolve a conflict regarding a party’s ability to collaterally attack a judgment in a foreclosure action by asserting the issue of standing in a Civ.R. 60(B) motion for relief from judgment. For the reasons that follow, we conclude that a Civ.R. 60(B) motion cannot be used as a substitute for a timely appeal from the judgment in foreclosure on the issue of[*76] standing. We therefore reverse the decision of the Ninth District Court of Appeals.

Relevant Background

{¶ 2} On December 19, 2002, defendants-appellees, George and Bridget Kuchta (“the Kuchtas”), executed a promissory note in favor of Wells Fargo Home Mortgage, Inc., and entered into a residential mortgage agreement with Wells Fargo to secure repayment of the note. On June 1, 2010, plaintiff-appellant, Bank of America, N.A., filed a complaint in foreclosure against the Kuchtas, attaching a copy of the original note and mortgage. Bank of America claimed to be the holder of the note and assignee of the mortgage. The Kuchtas filed a pro se answer, in which they challenged the standing of Bank of America to proceed with the complaint, arguing that there was no proof that their mortgage had been assigned to Bank of America.

{¶ 3} On August 10, 2010, Bank of America moved for summary judgment, attaching affidavits in support and a “Notice of Filing Assignment of Mortgage.” The attached assignment document memorialized Wells Fargo’s transfer of ownership of the Kuchtas’ note and mortgage to Bank of America. It was signed on June 10, 2010, and recorded on June 23, 2010. The Kuchtas did not respond to the summary-judgment motion.

{¶ 4} After unsuccessful attempts to facilitate a settlement between the parties, during which time the Kuchtas retained counsel, the trial court granted summary judgment to Bank of America and entered a decree of foreclosure in its favor in June 2011. The Kuchtas did not appeal the judgment. On September 7, 2011, the trial court scheduled a sheriffs sale of the foreclosed property for September 29, 2011.

{¶ 5} On September 23, 2011, the Kuchtas moved to vacate the summary judgment and decree of foreclosure pursuant to Civ.R. 60(B)(3), which allows a judgment to be set aside if it has been obtained by “fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party.” In their motion, the Kuchtas argued, in effect, that Bank of America lacked standing to commence the action because the bank did not prove ownership of the note and because the mortgage assignment was fatally flawed. They argued that they had a meritorious defense against the action due to this failure of proof. The Kuchtas further argued that the bank had committed fraud by falsely claiming to be the owner of the note and mortgage when it filed the foreclosure action. The trial court denied the motion, and the Kuchtas appealed.

{¶ 6} The Ninth District reversed the trial court’s decision based on its interpretation of this court’s decision in Fed. Home Loan Mtge. Corp. v. Schwartzwald, 134 Ohio St.3d 13, 2012-Ohio-5017, 979 N.E.2d 1214, which was[*77] announced while the Kuchtas’ appeal was pending. The Ninth District held that standing is a jurisdictional matter and that Bank of America’s alleged lack of standing, if proven, would warrant relief from judgment. Accordingly, the Ninth District remanded the cause to the trial court for application of Schwartzwald.

{¶ 7} The Ninth District granted Bank of America’s motion to certify a conflict, holding that its judgment conflicted with the judgment of the Tenth District in PNC Bank, N.A. v. Botts, 10th Dist. Franklin No. 12AP-256, 2012-Ohio-5383, 2012 WL 5868891. In Botts, the Tenth District held that a mortgagee’s lack of standing does not destroy the subject-matter jurisdiction of a court, id. at ¶ 22, and fraud in establishing standing is not the type of fraud contemplated by Civ.R. 60(B)(3). The Botts court noted that the standing issue should have been raised in prior pleadings or in a timely appeal from the judgment, not in a Civ.R. 60(B) motion. Id. at ¶ 18-19. We recognized that a conflict exists on the following certified question: “When a defendant fails to appeal from a trial court’s judgment in a foreclosure action, can a lack of standing be raised as part of a motion for a relief from judgment?” 135 Ohio St.3d 1430, 2013-Ohio-1857, 986 N.E.2d 1020.

{¶ 8} We answer the certified question in the negative and hold that the doctrine of res judicata applies to bar a party from asserting lack of standing in a motion for relief from judgment. We therefore reverse the judgment of the Ninth District Court of Appeals.

Analysis

{¶ 9} The defendants-appellees in both Botts and the present case argued that their judgments in foreclosure should be vacated due to lack of standing under two different areas of the law: the Rules of Civil Procedure and common-law jurisprudence related to jurisdiction. We will address these two arguments in turn.

Motion for Relief from Judgment under the Rules of Civil Procedure

{¶ 10} Civ.R. 60(B) provides:

On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: * * * (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party * * *.

{¶ 11} To succeed on a motion for relief from judgment under Civ.R. 60(B), a movant must establish (1) a meritorious defense or claim to present, in the event[*78] that relief from judgment is granted, (2) entitlement to relief under one of the provisions in Civ.R. 60(B)(1) through (5), and (3) compliance with the rule’s time requirements. GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 351 N.E.2d 113 (1976), at paragraph two of the syllabus. The timing of the Kuchtas’ motion is not at issue, and it is undisputed that a mortgagee’s lack of standing to bring an action in foreclosure, if established, would constitute a meritorious defense to the action. Our focus, then, is only on the second prong of the GTE standard, which the Kuchtas attempted to establish solely under Civ.R. 60(B)(3).

{¶ 12} The Kuchtas argued below that the bank’s lack of standing at the time of filing its action in foreclosure both established their entitlement to relief due to fraud or misconduct and established a meritorious defense to the underlying action. We find this position to be without merit.

{¶ 13} We agree with the widely held view, expressed by the Tenth District in Botts, that the fraud, misrepresentation, or other misconduct contemplated by Civ.R. 60(B)(3) refers to deceit or other unconscionable conduct committed by a party to obtain a judgment and does not refer to conduct that would have been a defense to or claim in the case itself. Botts at ¶ 15; GMAC Mtge., L.L.C. v. Herring, 189 Ohio App.3d 200, 2010-Ohio-3650, 937 N.E.2d 1077, ¶ 31 (2d Dist.); First Merit Bank, N.A. v. Crouse, 9th Dist. Lorain No. 06CA008946, 2007-Ohio-2440, 2007 WL 1461173, ¶ 32; Wells Fargo Fin. Leasing, Inc. v. Gilliland, 4th Dist. Scioto No. 03CA2916, 2004-Ohio-1755, 2004 WL 734558, ¶ 19; Tower Mgt. Co. v. Barnes, 8th Dist. Cuyahoga No. 51030, 1986 WL 8623, *3.

{¶ 14} The Kuchtas have not alleged that Bank of America committed intrinsic fraud, such as attaching a materially false affidavit to its motion for summary judgment. See Smith v. Asbell, 4th Dist. Scioto No. 03CA2897, 2005-Ohio-2310, 2005 WL 1111630 (motion to vacate judgment properly granted when plaintiff attached fraudulent affidavit to complaint to prevent statute-of-limitations defense). And there is no allegation of extrinsic fraud, such as persuading the Kuchtas not to defend their case by falsely promising to voluntarily dismiss the action. See United States v. Throckmorton, 98 U.S. 61, 65-66, 25 L.Ed. 93 (1878). The bank’s alleged lack of standing did not prevent the Kuchtas from appearing and presenting a full defense, including lack of standing. Accordingly, Bank of America’s lack of standing, if the bank did in fact lack standing, did not establish the Kuchtas’ entitlement to relief due to fraud under Civ.R. 60(B)(3).

{¶ 15} Further, because the issue of standing could have been and in fact was raised during the foreclosure proceedings, res judicata prevents the Kuchtas from using the issue to establish entitlement to relief. Ohio’s Civ.R. 60(B) is substantially equivalent to Fed.R.Civ.P. 60(b), which codified the centuries-old “rule of equity to the effect that under certain circumstances, one of which is after-[*79] discovered fraud, relief will be granted against judgments” regardless of then-finality. Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238, 244, 64 S.Ct. 997, 88 L.Ed. 1250 (1944). Civ.R. 60(B) exists to resolve injustices that are so great that they demand a departure from the strict constraints of res judicata. Id. However, the rule does not exist to allow a party to obtain relief from his or her own choice to forgo an appeal from an adverse decision. Ackermann v. United States, 340 U.S. 193, 198, 71 S.Ct. 209, 95 L.Ed. 207 (1950).

{¶ 16} It is well established that a Civ.R. 60(B) motion cannot be used as a substitute for an appeal and that the doctrine of res judicata applies to such a motion. Harris v. Anderson, 109 Ohio St.3d 101, 2006-Ohio-1934, 846 N.E.2d 43, ¶ 8-9. In this case, the Kuchtas filed a Civ.R. 60(B) motion in order to relitigate an issue that they had raised at the start of litigation and that they failed to appeal. Thus, the doctrine of res judicata bars their attempted collateral attack against the judgment in foreclosure.

Common-Law Motion to Vacate for Lack of Subject-Matter Jurisdiction

{¶ 17} To surmount the barrier of res judicata, the Kuchtas expressly argue to this court that a party’s lack of standing does more than merely establish a ground for relief from judgment under Civ.R. 60(B). Lack of standing, they argue, also renders the judgment void ab initio by depriving the trial court of subject-matter jurisdiction. The Ninth District Court of Appeals implicitly adopted this position in its decision. It is true that the issue of subject-matter jurisdiction can be challenged at any time and that a court’s lack of subject-matter jurisdiction renders that court’s judgment void ab initio. Pratts v. Hurley, 102 Ohio St.3d 81, 2004-Ohio-1980, 806 N.E.2d 992, ¶ 11. But for the reasons that follow, we hold that a court of common pleas that has subject-matter jurisdiction over an action does not lose that jurisdiction merely because a party to the action lacks standing.

{¶ 18} The general term “jurisdiction” can be used to connote several distinct concepts, including jurisdiction over the subject matter, jurisdiction over the person, and jurisdiction over a particular case. Id. at ¶ 11-12. The often unspecified use of this polysemic word can lead to confusion and has repeatedly required clarification as to which type of “jurisdiction” is applicable in various legal analyses. See, e.g., id. at ¶ 33; Barnes v. Univ. Hosps. of Cleveland, 119 Ohio St.3d 173, 2008-Ohio-3344, 893 N.E.2d 142, ¶ 27; In re J.J., 111 Ohio St.3d 205, 2006-Ohio-5484, 855 N.E.2d 851, ¶ 10-16. We again take the opportunity for clarification in the context of this case.

{¶ 19} Subject-matter jurisdiction is the power of a court to entertain and adjudicate a particular class of cases. Morrison v. Steiner, 32 Ohio St.2d 86, 87, 290 N.E.2d 841 (1972). A court’s subject-matter jurisdiction is determined without regard to the rights of the individual parties involved in a particular case.[*80] State ex rel. Tubbs Jones v. Suster, 84 Ohio St.3d 70, 75, 701 N.E.2d 1002 (1998); Handy v. Ins. Co., 37 Ohio St. 366, 370 (1881). A court’s jurisdiction over a particular case refers to the court’s authority to proceed or rule on a case that is within the court’s subject-matter jurisdiction. Pratts at ¶ 12. This latter jurisdictional category involves consideration of the rights of the parties. If a court possesses subject-matter jurisdiction, any error in the invocation or exercise of jurisdiction over a particular case causes a judgment to be voidable rather than void. Id. at ¶ 12.

{¶ 20} Although courts created by statute, such as municipal courts, are a different matter, see Cheap Escape Co., Inc. v. Haddox, L.L.C., 120 Ohio St.3d 493, 2008-Ohio-6323, 900 N.E.2d 601, ¶ 7, this case involves a constitutionally created common pleas court. Ohio’s common pleas courts are endowed with “original jurisdiction over all justiciable matters * * * as may be provided by law.” Article IV, Section 4(B), Ohio Constitution. Jurisdiction has been “provided by law” in R.C. 2305.01, which states that courts of common pleas have “original jurisdiction in all civil cases in which the sum or matter in dispute exceeds the exclusive original jurisdiction of county courts.” This court has long held that the court of common pleas is a court of general jurisdiction, with subject-matter jurisdiction that extends to “all matters at law and in equity that are not denied to it.” Saxton v. Seiberling, 48 Ohio St. 554, 558-559, 29 N.E. 179 (1891). We have also long held that actions in foreclosure are within the subject-matter jurisdiction of a court of common pleas. Robinson v. Williams, 62 Ohio St. 401, 408, 57 N.E. 55 (1900); see generally Winemiller v. Laughlin, 51 Ohio St. 421, 38 N.E. 111 (1894). The Medina County Court of Common Pleas therefore has subject-matter jurisdiction over actions in foreclosure.

{¶ 21} The Kuchtas contend that standing is also jurisdictional and that a lack of standing invalidates a court’s subject-matter jurisdiction pursuant to Fed. Home Loan Mtge. Corp. v. Schwartzwald, 134 Ohio St.3d 13, 2012-Ohio-5017, 979 N.E.2d 1214. But because Schwartzwald involved a direct appeal, it is of limited applicability to the attempted collateral attack in the present case. Moreover, the Kuchtas’ position hinges on the inference that our use of the term “jurisdiction” in Schwartzwald necessarily connoted “subject-matter jurisdiction.” This inference is incorrect.

{¶ 22} Standing is certainly a jurisdictional requirement; a party’s lack of standing vitiates the party’s ability to invoke the jurisdiction of a court — even a court of competent subject-matter jurisdiction — over the party’s attempted action. Schwartzwald at ¶ 22; Tubbs Jones, 84 Ohio St.3d at 77, 701 N.E.2d 1002; State ex rel. Dallman v. Franklin Cty. Court of Common Pleas, 35 Ohio St.2d 176, 178, 298 N.E.2d 515 (1973). But an inquiry into a party’s ability to invoke a[*81] court’s jurisdiction speaks to jurisdiction over a particular case, not subject-matter jurisdiction.

{¶ 23} A determination of standing necessarily looks to the rights of the individual parties to bring the action, as they must assert a personal stake in the outcome of the action in order to establish standing. Ohio Pyro, Inc. v. Ohio Dept. of Commerce, 115 Ohio St.3d 375, 2007-Ohio-5024, 875 N.E.2d 550, ¶ 27. Lack of standing is certainly a fundamental flaw that would require a court to dismiss the action, Schwartzwald at ¶ 40, and any judgment on the merits would be subject to reversal on appeal. But a particular party’s standing, or lack thereof, does not affect the subject-matter jurisdiction of the court in which the party is attempting to obtain relief. Tubbs Jones at 77. Accordingly, Bank of America’s alleged lack of standing to initiate a foreclosure action against the Kuchtas would have no effect on the subject-matter jurisdiction of the Medina County Court of Common Pleas over the foreclosure action.

{¶ 24} We hold that the Kuchtas did not establish that the judgment entered by the Medina County Court of Common Pleas was void ab initio, and the court therefore did not err in overruling the Kuchtas’ motion for relief from the judgment in foreclosure.

Conclusion

{¶ 25} An allegation that a plaintiff fraudulently claimed to have standing may not be asserted as a ground for vacating the judgment under Civ.R. 60(B)(3). Further, lack of standing is an issue that is cognizable on appeal, and therefore it cannot be used to collaterally attack a judgment And although standing is required in order to invoke the jurisdiction of the court over a particular action in foreclosure, lack of standing does not affect the subject-matter jurisdiction of a court of common pleas. For‘these reasons, we answer the certified question in the negative and hold that lack of standing cannot support a Civ.R. 60(B)(3) motion for relief from judgment, even if a plaintiffs assertion of standing was patently false. We further hold that lack of standing does not render a judgment void for lack of subject-matter jurisdiction. We therefore reverse the judgment of the Ninth District Court of Appeals and reinstate the judgment of the Medina County Court of Common Pleas, denying the Kuchtas’ Civ.R. 60(B) motion.

Judgment accordingly.

O’Donnell, LanzingeR, Kennedy, and French, JJ., concur. Pfeifer and O’Neill, JJ., dissent.

Dissent

O’Neill, J.,

dissenting.

[*82] {¶ 26} I dissent. I would affirm the Ninth District’s decision to remand this case to the trial court for application of Fed. Home Loan Mtge. Corp. v. Schwartzwald, 134 Ohio St.3d 13, 2012-Ohio-5017, 979 N.E.2d 1214. While it is axiomatic that Civ.R. 60(B)(3) is not a substitute for appeal, it is nonetheless clear that in this matter, Bank of America simply lacked standing to invoke the jurisdiction of the common pleas court under Schwartzwald in the first place. I disagree with the majority’s reasoning that the lack of a justiciable controversy between the parties does not affect the subject-matter jurisdiction of the court. That is a proposition that threatens the very foundation of our judicial system. Courts exist to resolve real controversies between real parties in interest. Nothing more.

{¶ 27} At the trial-court level, the Kuchtas, who appeared pro se, unequivocally asserted that the bank did not have standing to file the complaint in foreclosure. It was error for the trial court to allow the proceedings to go forward, but go forward they did. The Ninth District, having read this court’s recently released decision in Schwartzwald, correctly found that the Kuchtas’ Civ.R. 60(B) motion contained sufficient allegations of operative facts to warrant a hearing, citing State ex rel. Richard v. Seidner, 76 Ohio St.3d 149, 151, 666 N.E.2d 1134 (1996), and correctly remanded the case to the trial court for application of Schwartz-wald. Bank of Am. v. Kuchta, 9th Dist. Medina No. 12CA0025-M, 2012-Ohio-5562, 2012 WL 5994285. It was an abuse of discretion for the trial court to deny the Kuchtas a hearing on their Civ.R. 60(B)(3) motion for relief from judgment.

{¶ 28} More than once in Schwartzwald, we stated that standing is a jurisdictional requirement. Schwartzwald at ¶ 22, 24, 27, and 38. This court unanimously agreed that it is fundamental that a party commencing litigation must have standing to sue in order to present a justiciable controversy and invoke the jurisdiction of the common pleas court. Id. at ¶ 41. This court repeatedly emphasized that standing must exist at the time of filing of the complaint, id. at ¶ 24, 25, and that lack of standing cannot be cured by postfiling events, such as the receipt of an assignment of the claim or by substitution of the real party in interest. Id. at ¶ 26, 27, 37, 38, and 41.

{¶ 29} But in this case, the majority holds that Bank of America’s lack of standing to initiate the foreclosure action at the time of filing of the complaint “does not affect the subject-matter jurisdiction of the court in which the party is attempting to obtain relief.” Majority opinion at ¶ 23.

{¶ 30} Wdiat does this rule mean in practical terms? Does it mean that if the defendant in any given case fails to challenge standing on appeal, then the standing issue is forfeited in favor of the party who did not have standing to invoke the jurisdiction of the common pleas court in the first place?

[*83] Thompson Hiñe, L.L.P., Scott A. King, and Terry W. Posey Jr., for appellant. Dann, Doberdruk & Harshman, Grace M. Doberdruk, Marc E. Dann, Daniel M. Solar, and James R. Douglass, for appellees. Andrew M. Engel Co., L.P.A., and Andrew M. Engel; and Mills, Mills, Fiely & Lucas, L.L.C., and John Sherrod, urging affirmance for amici curiae Joseph and Lori LaPierre. Ohio Poverty Law Center, L.L.C., and Linda Cook; Southeastern Ohio Legal Services and Peggy P. Lee; Legal Aid Society of Southwest Ohio, L.L.C., and Noel M. Morgan; Advocates for Basic Legal Equality, Inc., and Andrew D. Neuhauser, urging affirmance for amici curiae Ohio Poverty Law Center, L.L.C.,

{¶ 31} The majority’s reliance on Pratts v. Hurley, 102 Ohio St.3d 81, 2004-Ohio-1980, 806 N.E.2d 992, is misplaced at a minimum. Rather, application of Pratts to this case demands exactly the opposite outcome. Pratts was a habeas corpus action stemming from a capital case in which, after waiving his right to a jury trial, Pratts submitted his guilty plea to a single judge rather than a three-judge panel as required by statute. Pratts at ¶ 2-3. The Pratts court determined that the statutory errors committed by the trial court did not divest the court of its subject-matter jurisdiction. Id. at ¶ 36.

{¶ 32} There was no dispute in Pratts that the case was properly commenced in the common pleas court. However, that is precisely the issue in this case, since this case was not properly commenced. On June 1, 2010, the date Bank of America filed the complaint, it was not the holder of either the mortgage or the note. The assignment of the mortgage was not complete until at least June 10, 2010. Thus, on the date the complaint was filed there was no injury, and therefore as a matter of law no justiciable controversy, between Bank of America and the Kuchtas. See also Sckwartzwald at ¶ 28. As a result the court was without jurisdiction to consider — much less rule on — this complaint. Any judgments the trial court rendered on this complaint were void and subject to attack at any time. Pratts at ¶ 11.

{¶ 33} The Ninth District got this case right when it concluded that the Kuchtas’ Civ.R. 60(B)(3) motion contained sufficient operative facts to warrant a hearing and remanded the ease to the trial court for application of Sckwartzwald. Instead of affirming the Ninth District, this court goes to great lengths to preserve a void judgment. And in so doing, it undermines this court’s own rule in Sckwartzwald and creates uncertainty in foreclosure cases that will operate in favor of careless banks while eroding the rule of law in Ohio. I dissent.

Pfeifer, J., concurs in the foregoing opinion. [*84] Southeastern Ohio Legal Services, Legal Aid Society of Southwest Ohio, L.L.C., and Advocates for Basic Legal Equality, Inc.