Sunday, February 12, 2012

Ohio Appellate downs DRONE - Lerner Sampson Rothfuss

Attorney{Drone} Fail - Lerner Sampson Rothfuss - NO SHOW
A three (3) JUDGE panel gives BEAT DOWN and ADMONISHMENT
{¶30} "Upon review of the record...Appellants failure to appear at trial cannot be circumvented
{¶30} Appellant's own actions {stupidity} led to trial courts dismissal (of first fraudulent attempt)
{¶30} Appellant {Drone -LSR} was the architect of that {original failed} outcome

Affirm lower court ruling.  "For reasons stated {arrogance} the June 22, 2011 Stark County Court of Common Pleas {decision for homeowner} is affirmed"....

Slipping computer generated, shoddy and manufactured paperwork past lower court judges (old, out-of-touch, too busy) on a “fast track” to foreclosure…used to be easy! The judicial machinery spun out of control when directed by large Predator Drone Foreclosure Mills and their "Bench Warmers"(local counsel used to foreclose) seeking the revered “Green Light” rating (used by LPS Desktop Solutions). Unfortunately thousands of Ohioans lost their homes while these FRAUDclosure factories and drone filing attorneys operated openly in front of Ohio judges which unfortunately were asleep-at-the-wheel. (Link to report).

However, recent attention from the OCCUPY movement, highly regarded foreclosure defense attorneys and bloggers have turned the spotlight on the fraudulent and criminal behavior (of the Foreclosure Mills & Servicers) The robo-signing clearly showed that documents, legally needed to initiate foreclosures, were created and falsely executed. The attention has finally started to drown out the traditional lap dog media trained in "Bank-Speak."

Predator Drone Foreclosure Mills:
The mindless and legally void factory approach used to methodically ram-rod thousands of FRAUDclosures through the judicial machinery of Ohio’s 88 county Civil Court system appears to have finally hit a BUMP. Proof: recent published decisions coming out of some of Ohio's twelve Appellate Courts show that some judges are actually waking-up from a deep legal sleep. The Appellate courts have been routinely overturning and dismissing cases which had improperly awarded Summary Judgment to pretend lenders, bogus trust & trustees, and improper plaintiff parties.

Read full deposition - with admissions - of LSR employee Shellie Hill

NEW published decision out of OHIO 5th District Court of Appeals
Case: BAC, Inc. v. Booth, 2012-Ohio-487 (right click & open in New Tab)
Date: FEBRUARY 6th, 2012
Plaintiff: BAC Home Loan Servicing (FNA Countrywide)
Predator Drone Foreclosure Mill:  Lerner Sampson Rothfus (LSR) - Elizabeth S. Fuller

Elizabeth Fuller, {pictured above} apparently felt she needn't bother showing up for either mediation or even a trial. They{LSR} feel burdened if required to follow any Rules of LAW....especially time consuming mediation or worse...having to actually appear... for a trial! ...Yes - this is too much and "system overload" on the FRAUDclosure programming software. LSR employees {Drones} are used to typing in a couple "fill-in-the-blank" screens which "create" court-ready filings. The {LSR} computers are not programmed for trivial matters ....such as mediation. Additionally{LSR} cheap "bench warmer" attorneys.... don't actually practice law. The goal is to simply file some paperwork and get paid!

AFFIDAVIT FAIL from OHIO 6th District Court of Appeals
Case: Aurora Loan Services LLC v. Louis, 2012-Ohio-384 (right click & open in New Tab)
Date: FEBRUARY 3rd, 2012
Plaintiff: Aurora Loan Services (or Mayflower or Union Mortgage Services or Life Bank or ???)
Predator Drone Foreclosure Mill:  Javitch, Block & Rathbone L.L.P - Darryl Gomley

Similarly in a case highlighted below:
*A Wisconsin appeals court recently reached the relatively unremarkable, predictable, and certainly non-ground-breaking conclusion that {fraudulently created & robo-signed} affidavits filed by a foreclosing lender that are not based on the "personal knowledge" of the affiant are insufficient to establish a basis for summary judgment.

*What does merit note is that, in reaching its ruling, it reversed the decision of Jefferson County Circuit Court Judge Jacqueline R. Erwin, the lower court judge who apparently didn't have a problem with these obviously flawed affidavits in deciding to allow the foreclosure to go forward. Unlike the vast majority of cases, the homeowner/couple here exercised their right to have an appellate court review, a right that most homeowners in foreclosure are unaware of....(Get an Attorney)

 AFFIDAVIT FAIL from WI. Court of Appeals District IV

Case: Bank of New York v. Cano, No. 2010AP477 (right click & open in New Tab)
Date: January 20th, 2011
RE: Appeal of: Cir. Ct. No. 2007CV242
¶ 13 The Bank submitted two {fraudulent} affidavits to support its motion for summary judgment: one by an attorney for the Bank, and one by an agent for BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P

¶ 16 We conclude that the Bank's affidavits do not establish a prima facie case for summary judgment...Nothing in the attorney's affidavit indicates that the attorney's averments as to the Canos' payment history are based on personal knowledge...

¶ 17 As we explained.... an affidavit must establish a prima facie case that attached payment statements are admissible evidence under an exception to the hearsay rule to support a motion for summary judgment.....Thus, for the statement of the Canos' payments to support a motion for summary judgment, the affidavit must establish that the affiant "is qualified to testify that: (1) the records were made at or near the time by, or from information transmitted by, a person with knowledge; and (2) this was done in the course of a regularly conducted activity." Palisades, 324 Wis. 2d 180, ¶ 15. The attorney's affidavit contains no such averments

¶ 18 The BAC agent's affidavit is similarly flawed. The agent {lies and commits fraud by robo-signing and} avers that his knowledge of the Canos' default on their mortgage is based on his access to the financial records for the Canos' mortgage, yet no financial documents are attached to the affidavit...We conclude that the Bank has not established a prima facie case for summary judgment. Accordingly, we reverse and remand for further proceedings.

* Write-up from fine blog: The Home Equity Theft Reporter Cases & Articles

The Appellate courts (which are are feed up) are no longer awarding a “Free Home” to the fake lender/servicer/plaintiff. They are making the foreclosing party PROVE UP & SHOW UP. Although I don’t see the Predator Drone (Mill Firms) FRAUDClosure efforts stopping. The good judges, are apparently helping the "blindfolded lady" ...balance....the Scales of Justice. Thank You OHIO Judges! for getting it right!

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