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did not file the assignment of rights to the mortgage until April 29, 2008.

However, Deutsche Bank obtained its interest in the note and the mortgage by

assignment. As an assignee of the note and mortgage, Deutsche Bank stood in

the place of its assignor and succeeded to all the rights and remedies of the

latter.

See

EMC

Mtge.

Corp.

v.

Jenkins,

164

Ohio

App.3d

240,

250,

2005-Ohio-5799; Homecomings Financial Network v. Oliver, Hamilton App. No.

C-020625, 2003-Ohio-2668. Accordingly, Deutsche Bank’s lien was superior in

priority to the second mortgage of Robert Brdar.

{¶ 22} Sixth, appellants argue that they never received Deutsche Bank’s

motion for default judgment or its motion for summary judgment. They also

state that they never received the magistrate’s decision. They apparently claim

that service was sent to an address other than the address of the subject

property, which was ordered to be the address of record at the time of the default

hearing. Both of Deutsche Bank’s motions, which were filed prior to the default

hearing, contain an attached certificate of service indicating service was made on

all parties or their counsel of record by regular U.S. mail. “A presumption of

proper service exists when the record reflects that the Civil Rules pertaining to

service of process have been followed. This presumption may only be rebutted by

producing sufficient evidence, such as an affidavit, that the responding party

never received service.” (Internal citations and quotations omitted.) JP Morgan

Chase Bank v. Ritchey, Lake App. No. 2006-L-247, 2007-Ohio-4225. Appellants

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