OHIO SUPREME COURT - to make landmark decision

OHIO SUPREME COURT

Justices to soon make landmark decision

Affecting ALL Ohio Homeowners in foreclosure  

The Ohio Supreme Court recently agreed to review a request (from US BANK NA) to resolve what "appears" to be conflicting appellate court decisions in OHIO foreclosure case law. At the heart of this so called conflict is an issue that Plaintiff banks, pretend lenders, and phony Trustees have continuously slipped past our "asleep-at-the-wheel" judges. A similar and deep sleep was exhibited by our U.S. Government (SEC, OCC, OTS) and the rating agencies (Moody’s, Standard & Poor’s, Fitch), for years while the Banks went wild! Now, the Ohio Supreme Court is going to attempt a judicial "closing of the barn door"…years after the "criminals"…got away.

Here in Ohio, the plaintiff’s Foreclosure Mill Attorneys and Law Firms try to fast track the process and get a quick default judgment by using or submitting phony, fraudulent, or  robo-signed  mortgage assignments (executed by MERS & LPS employees)  The documents, 90% of the time, result in a plaintiff victory. The rare knowledgeable and awake foreclosure judge or an even rarer appearance by legal counsel on behalf of defendant homeowner (only in 8% of cases) requires Plaintiff - to have STANDING - in order to invoke the jurisdiction of the court. Inevitably the question and legal hurdle for the plaintiff, in almost every defended OHIO FRAUDclosure and foreclosure case becomes: 

            To have standing, as a plaintiff, in a mortgage foreclosure action, must a party show  that it owned the NOTE and the MORTGAGE when the complaint was filed?

The decision by the Ohio Supreme Court to Certify A Conflict is very troubling, and was hidden in a April 6^th, 2011 15-page Ohio Supreme Court Case Announcement (pg 5 case: US BANK v Duvall) This is a travesty and should not have been allowed to get this far. STANDING through ownership (of NOTE & MORTGAGE) has been repeatedly determined in Ohio case law.

Unfortunately, two (2) bad and even slightly off-topic appellate court cases were used

U.S. Bank, N.A. v. Marcino, 181 Ohio App.3d 328, 2009-Ohio-1178 (7th Dist.),

U.S. Bank, N.A. v. Bayless, Del. App. No. 09 CAE 01 004, 2009-Ohio-6115 (5th Dist.),

to certify the conflict. These poorly decided cases are being incorrectly used as a side-door entrance and distraction to get in front of the great SUPREME COURT of OHIO …and possibly …change or re-determine… existing foreclosure law

So where is all the scrutiny? Where is the publicity? Where are the consumer activists?  What is going on here? Where is the outrage? Why did the Supreme Court allow the Bank’s weak claim for a new chance to change existing OHIO law? The simultaneous ownership of the Note and Mortgage, at the time of filing, has repeatedly been asked, answered, and decided in previous OHIO cases.

YES - Plaintiff must OWN BOTH the NOTE and the MORTGAGE, at the TIME OF FILING - PERIOD

OHIO SUPREME COURT JUSTICES - Please get it right – Don’t sell out to the big banks.  JP Morgan Chase has Ohio Headquarters inconspicuously in your “back yard”.  Hopefully their money can’t buy a decision to create- STANDING – and allow for legal FRAUDclosures or worse… a change to existing law.

NO successor-in-interest, NO back-dating of mortgage assignments, NO endorsement-in- blank, NO successor trustee to empty MBS, NO "Robo-Signed" by LPS or MERS employees (signing as Vice President of the Bank)  NO "created" owner status by allowing back-dating of  documents showing an "effective date" even further back (Mortgage Assignment - "Time Travel") Coined by Lisa Epstein of Foreclosure Hamlet - Link HERE to her post, and HERE (Ocwen time travel)  

All you good Ohio Foreclosure Defense attorneys – now is your chance to step up and shine, Lets have a few Amicus Briefs (send us a copy) You have a right to submit one to the OHIO SUPREME COURT (on behalf of the OHIO homeowner). Lets Go - Legal Aid Offices - Lets hear something from all your fine attorneys and staff. This case needs legal attention - the big banks will throw tons of money and a lot of attorneys at this rare - second bite - on this mortgage apple.

OHIO Supreme Court  Prac.-R. 6.6. Brief of Amicus  Curiae: 
(A) An amicus curiae may file a brief urging affirmance or reversal, and leave to file an amicus brief is not required. The brief shall conform to the requirements of this rule, except that an amicus filing a brief in support of an appellant need not include the appendix required by S.Ct. Prac. R. 6.2(B)(5).

(B) The cover of an amicus brief shall identify the party on whose behalf the brief is being submitted or indicate that the brief does not expressly support the position of any parties to the appeal. If the amicus brief is in support of an appellant, the brief shall be filed within the time for filing allowed to the appellant to file a merit brief, and the amicus curiae may file a reply brief within the time allowed to the appellant to file a reply brief. If the amicus brief is in support of an appellee or does not expressly support the position of any party, the brief shall be filed within the time for filing allowed to the appellee to file a merit brief. The Clerk shall refuse to file an amicus brief that is not submitted timely.

Hundreds of thousands of lives and foreclosure cases will turn on this decision.

Stand up-be heard & Help the OHIO Supreme Court - Get it Right

UPDATE: 9/22/11
Ohio Supreme Court's Shocking Decision in Landmark Case

2011 White House Easter Egg Hunt

STOP FRAUD in OHIO Foreclosures

STOP FRAUD in OHIO Foreclosures

OHIO FRAUDclosure - A Thank You to FLORIDA Attorneys

THANK YOU - attorneys, bloggers, web-site visitors, and victims (of FRAUD). In just 72 hours and after only 3 posts we have had hundreds of e.mails, documents, and pertinent information provided to us, from FRAUDclosure victim homeowners, readers, and a few good attorneys (mostly from other states). Attorneys looking for referrals, loan mod firms and bogus "work-out" specialist - don't bother contacting me.

Blog Readers & Homeowners - I will be vigilant and dedicate my efforts to quickly get information into the hands of your good attorneys. I will have links to many important documents, court cases, and ground breaking information. I plan to provide links, on this site, that direct you to other important and relevant web-sites (after permission is granted)

But first, I must give a "Shout-Out" and public "Thank You" to attorneys that have given me courage and inspiration to take this first step (Blog). Most are aware that I've been waging a 3-year battle to keep a large Ohio Foreclosure Mill law firm from fraudulently taking my home. My journey has been long, expensive, and painful. However, I believe through this blog and by posting information from my ground-breaking foreclosure case, all can benefit from my experiences. I plan on making everything available - and as a result - existing OHIO foreclosure law will change. This will make the legal journey for others - an easier experience.
A THANK YOU - to the individuals below - is simply not enough. They are the brave ones that accepted and took up the fight, long ago. They paved the way for those of us that followed. Again...today's message is simple: THANK YOU!!! I know I'll probably inadvertently forget a few names....but will update the list again....sometime soon.
Ironically, this blogger is from OHIO but Florida's judicial system for adjudicating foreclosures is very similar. As a result, these Florida attorneys provided valuable information or legal guidance when I was unable to find it (in Ohio). They responded to my questions or emails or posted information, from their cases, which proved to be invaluable in advancing my case and legal standing.
The below attorneys have been waging legal battles in FL. courtrooms, and uncovering crimes by revealing the massive FRAUD being perpetrated in foreclosures.They have been dealing with these issues much better and longer than we have (in OHIO). They continue to change law, awaken lawmakers, save homes and improve the lives of thousands of people. Floridians, these are your state's heros!

Florida Attorneys That are Ground-Breaking Legal Representatives - For the People!
(Link by clicking on name)
Matt Weidner (Weidner Law)
Tom Ice (Ice Legal)
Mark Stopa (Stopa Law -Stay in my Home)
Carol Asbury (Save our Home)
Lynn Szymoniak (Fraud Digest) and of recent "60 minutes" fame
April Charney (Jax Legal Aid)
This weekend, I will also recognize writers, reporters, authors and bloggers that have helped expose the FRAUD in Foreclosure. And finally we will focus on Lisa Epstein, the Rosa Parks of Foreclosure. She refused to "give up her house," or be pushed aside or out of the courtroom. She is truly a hero and you will be inspired (as I was) by her story. I will dedicate a couple posts to her, as she has forever changed the landscape for those in Foreclosure (by FRAUDclosure)

U.S. Senator Sherrod Brown (Ohio) - calls it FRAUD

Foreclosure Fraud and Homeowner Abuse Prevention Act of 2011

Excerpts and Quotes from press release:
“Ending the foreclosure mill* requires stronger oversight, streamlined modification procedures, and meaningful penalties when servicers break the law".....“The rampant abuses, incompetence and outright fraud by mortgage servicers must end..."
* Yes -he said ENDING the FORECLOSURE MILL Attorney Firms (and drone local attorneys that "file paperwork" for them). **We the people-support this effort (list below)

OHIO JUDGES that continue to "Rubber Stamp" summary judgements - Please stop!!! Stop assisting in the fraud and wasting time by asking defending counsel and homeowners "when did you last make a mortgage payment" (to bogus plaintiff party before you) Stop repeating the nonsense that homeowners are in front of you to get a "free house" Please educate yourself on the "Rules of Evidence" (no more flawed affidavits or Fraudulent mortgage assignments) Please realize that by allowing default or fraudulent judicial foreclosures to take place that you're helping destroy your own city and community.

Quote below is from Senator Sherrod Brown's press release:
“This foreclosure crisis affects all of us – homeowners, families, neighbors, and state and local governments. It is clear that the current system isn’t working and unfortunately federal regulators have failed to bring meaningful reform to mortgage servicing,”

From Press Release:
U.S. Sen. Sherrod Brown (D-OH) introduced this landmark legislation to prevent future servicer fraud (current servicer fraud ongoing) and errors (judges/trustees RE: inflated affidavits of amounts due and owing, large bogus servicer fees including attorney fee splitting)

(Click Here) OUTSTANDING letter outlining FRAUD and problems
Outline-Explanation of FRAUD and Problem

(Click below) Read this 35 page Senate Bill titled - Foreclosure FRAUD
FORECLOSURE FRAUD SB -824 bill

(Click below) Press release - Showing how this bill - has solutions - to stop FRAUD
PRESS RELEASE

**The Foreclosure Fraud and Homeowner Abuse Prevention Act of 2011 is endorsed by the Alliance for a Just Society, Center for Responsible Lending, Community Organizations in Action, National Association of Consumer Advocates (NACA), National Consumer Law Center (on behalf of its low-income clients), Coalition on Homelessness & Housing in Ohio (COHHIO), Neighborhood Housing Services of Greater Cleveland, and Columbus Housing Partnership (CHP)

We are fortunate in OHIO to have some elected officials that "Get it" The reality: If we do not continue to dedicate efforts to solve this historic problem (FRAUDulent Foreclosures) via the legislative and judicial processes, financial ruin will continue on individuals, families, and to our great state. If the problems with Banks, and Servicers remain unchecked - the FRAUDclosures - will continue to plunder our economy and nation into the dark abyss of a longer and deeper recession.

Please contact Mr Sherrod Brown (Ohio) by phone, email, or letter  - Thank a hard working elected official for trying to to effectuate change and stop the on-going SERVICER ABUSE & BANK FRAUD.
Contact Sherrod Brown - Click Here

NO more FRAUD - Documents must be verified

Ohio Foreclosure Mill's efforts to continue use of ROBO-SIGNED documents STOPPED with OHIO SUPREME COURT dismissal. 

It's fine for judges to require lawyers to verify details, court ruling says

- 6 attorneys, representing some of Ohio's largest "Foreclosure Mills", challenged and attempted to overturn a rule being instituted by 3 brave Franklin County Judges, requiring attorneys' to sign a certification, on their clients behalf, assuring the court - they have read the documents they are about to file in a foreclosure case. (the crybaby attornys didn't want to have to verify the authenticity)

- The brave Common Pleas Judges - John F. Bender, Kimberly Cocroft and Guy Reece took the action in response to a national outcry over fraudulent foreclosure filings.

- The Ohio Supreme Court DISMISSED the complaint without comment

Instead, I will comment:  "Hey you Robo attorneys and Foreclosure Mill Law Firms, The party's over!!!, READ the documents that you are submitting, otherwise you will be held accountable for any late created or manufactured documents (FRAUD) you submit to the court. No more "Free Lunch"

Read the Columbus Dispatch Article Below

(Click here)  Ohio Supreme Court - backs the local foreclosure rules

OHIO "Foreclosure" and "FraudClosure"

Hello to OHIO "FRAUDCLOSURE" and "Foreclosure" victims.

You now have a resource & web-site to help STOP FRAUDCLOSURE
This blogger will have the best resources available, for you, and we will keep you up to date with the latest and best information, case law, and legal resources to help in the fight against FRAUDCLOSURE in OHIO

We are your resource - We will keep you informed, but ask for your help in spreading the word so that OHIO Courts and OHIO Judges will no longer allow the massive FRAUD to continue. They will read this blog.

To the large "Foreclosure Mills" - "Robo-Attorneys"  and "Bench Warmers" The party is over and we are going to expose you!!! We will be showing your firm, your name, and your documents - if you participated in FRAUD upon our courts.

NO MORE robo-signing and submitting of manufactured affidavits, no more using MERS (as mortgagee), or the LPS Default Solutions (Docx and Dakota county Minnesota manufactured mortgage assignments), No more "Bench Warmers" (local attorneys that only "show up" on behalf of the Mill Firms), No more FRAUD Plaintiffs that claiming to be the "Note Holder" (REMIC Trusts, Successor in interest, Successor Trustee). NO MORE FRAUD!

We will be showing examples of the massive FRAUD and posting the latest efforts by the great OHIO Supreme Court and Appellate Courts.....that simply refuse to be spoon feed ...FRAUD...by big banks and loan servicers.

FORECLOSURE MILLS- Tell you lazy attorney's they will have to find another place to catch up on their sleep...instead of at OHIO courts.

We will give you the names of good Attorneys, Legal-Aid offices, and connect you with other members...to help you in this fight. We will stop those trying to "steal" your home by FRAUD.