DEFAULT JUDGMENT AGAINST MR. Brian K. Payne, HOLDING HE WAS IN DEFAULT OF MOTION OR ANSWER.
[2.] WHETHER DEFAULT JUDGMENT CAN BE PROPERLY ENTERED AGAINST A PARTY (MR. PAYNE) No. 16AP-185 3
WHOM IS NOT MENTIONED IN THE MOTION FOR ENTRY OF DEFAULT JUDGMENT.
WHETHER THE TRIAL COURT SHOULD HAVE ENTERED DEFAULT AGAINST DEFENDANT EVEN THOUGH THE DEFENDANT WAS NOT NAMED ON THE MOTION TO ENTER DEFAULT AND FURTHER HE HAD APPEARED IN THE CASE AND ANSWER THE PLAINTIFF'S AMENDED COMPLAINT ALONG WITH OTHER PLEADINGS PREVIOUS TO PLAINTIFF'S AMENDED COMPLAINT.
[3.] A GENUINE ISSUE OF MATERIAL FACT WAS IN DISPUTE THAT SHOULD HAVE PRECLUDED SUMMARY JUDGMENT, AND IF NOT, WHETHER THE TRIAL COURT RULE CORRECTLY ON THE LAW.
[4.] NATIONSTAR'S OWN PROOFS ESTABLISHED THAT NATIONSTAR IS NOT THE HOLDER OF THE NOTE, AND THEREFORE LACKS STANDING TO FORECLOSE.
IN ORDER TO HAVE STANDING TO FORECLOSE, A PLAINTIFF MUST SHOW BOTH (1) THAT THE DEFENDANT OWES A DEBT TO THE PLAINTIFF AND (2) THAT THE PLAINTIFF HAS A SECURITY INTEREST IN THE PROPERTY.
[5.] THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT BECAUSE THERE IS A GENIUNE ISSUE OF MATERIAL FACT IN RESPECT TO NATIONSTAR IS THE HOLDER OF THE NOTE AND MORTGAGE.
[6.] TRANSFER OF A NEGOTIABLE INSTRUMENT IS GOVERN BY THE UNIFORM COMMERCIAL CODE, REQUIRES PHYSICAL POSSESSION AND INDORSEMENT OF A NOTE PAYABLE TO ORDER.
[7.] WHETHER NATIONSTAR PROOFS WERE SUFFICIENT TO SUPPORT ENTRY OF SUMMARY JUDGMENT AND OR FINAL JUDGMENT.
DEFENDANT EXECUTED A NOTE TO GLOBAL EQUITY, LENDING, INC., AND MORTGAGE TO MERS. WHERE AS NATIONSTAR DID NOT PRESENT EVIDENCE AS TO HOW, WHEN....NOT EVEN A DATE, IF EVER IT BECAME HOLDER OF THE NOTE ENTITLED TO ENFORCE, ALSO, NATIONSTAR HAS NOT SHOWN EVIDENCE THAT No. 16AP-185 4
WOULD ESTABLISH IT AS THE REAL PARTY IN INTEREST.
[8.] WHETHER PLAINTIFF'S ALLEGED POSSESSION AND HOLDER OF THE NOTE, SUPPORTED ONLY BY AN ASSIGNMENT Of MORTGAGE, FAILS TO MEET THE REQUIREMENTS OF THE UNIFORM COMMERCIAL CODE AND DOES NOT GIVE RISE TO A CLAIM OF RELIEF AGAINST THE MAKER OF THE NOTE.
[9.] WHETHER NATIONSTAR'S CLAIM OF POSSESSION WAS UNSUPPORTED BY COMPETENT EVIDENCE, AND THEREFORE NATIONSTAR FAILED EVEN TO SHOW POSSESSION IN THE NOTE.
[10.] AS NATIONSTAR MORTGAGE, LLC FAILED TO SHOW THAT IT WAS THE HOLDER OF THE NOTE AND THE ASSIGNEE OF THE MORTGAGE IT IS NOT A PROPER PARTY TO THE FORECLOSURE ACTION AND LACKS STANDING TO FORECLOSURE.
[11.] WHETHER MERS BY ITS OWN GUIDELINES HAS AUTHORITY TO ASSIGN NOTES AND OR MORTGAGES.
[12.] WHETHER GLOBAL EQUITY LENDER INC., GAVE MERS AUTHORITY TO ASSIGN IT'S MORTGAGE.
[13.] WHETHER SARA P. AFFORD AFFIDAVIT AND NOTARY HAS A SIGNATURE, AND IF NOT, WHETHER A MISSING SIGNATURE CONSTITUTES AN IMPROPER AFFIDAVIT, AND WHETHER THE AFFIANT AVERMENT IN THAT PURPORTED AFFIDAVIT IS INCOMPETENT TESTIMONY, AND WHETHER AN INCOMPETENT TESTIMONY AS TO THE NOTE AND MORTGAGE CREATES A GENUINE FACTUAL ISSUE IN DISPUTE, AND WHETHER DEFENDANT HAS TIMELY OBJECTED TO THE AFFIDAVIT ON THESE GROUNDS, AND THE AFFIDAVIT SHOULD BE STRIKEN OR