U.S. Court sides with City of Cleveland v Wall Street

U.S. Federal Appeals court sides with City of Cleveland (Ohio)

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT ANNOUNCES

For years the City of Cleveland (Ohio) has fought a herculean battle against Banks, Wall Street and the lenders which almost destroyed the entire housing stock of Cleveland. The city fought to Hold Banks accountable in local courts, State and Federal courts and even all the way to the U.S. Supreme Court. Unfortunately, the well funded banks have spent millions litigating these cases, going "all-in" with a transparent effort and goal to financially wipe out the city (with legal expenses). The banks hoped, litigating these cases, even to the point of absurdity, would teach Cleveland (and other cities) a lesson - Don't take on Wall Street! To date, that strategy has worked well by applying "legal paralysis" (on-going litigation) in an effort to prevent the already "asleep at the wheel" federal agencies and regulators from acting.

Fortunately, the U.S. Court of Appeals (for the Sixth Circuit) refuses to be "bought out" or "sell-out." The court continues to enforce the Rule of Law and even show the Supreme Court of Ohio they'll NOT allow the trashing of existing laws in favor of the Banks and Wall Street firms. Although this is not a win (on the merits of the suit), nonetheless, it holds co-conspirators Plaintiffs JP Morgan Chase (Chase Bank) responsible for procedurally abiding by the rules. The Sixth Circuit, took the time, as part of their published decision, to opine on the foreclosure crisis and added some colorful commentary (below) on the havoc that Wall Street brought on the city.

CHASE BANK USA, N.A., JPMORGAN CHASE BANK, N.A., JPMORGAN MORTGAGE
Acquisition Corp., and J.P. Morgan Securities, Inc.
Plaintiffs-Appellants/Cross-Appellees
V.
CITY OF CLEVELAND,
Defendant-Appellee/Cross-Appellant 

READ CASE DECISION: CASE Nos. 10-4115/4116

KAREN NELSON MOORE, Sixth Circuit Judge:
.....The foreclosure crisis that swept the nation in the latter half of the past decade hit Cleveland particularly hard. It also led to this litigation. Though this case has - as its background - such weighty factual topics as subprime-mortgage lending, foreclosures, and the precarious economic state of the post industrial Midwest, the issue at stake in this appeal is solely procedural. Because the district court (United States District Court for the Northern District of Ohio at Cleveland. No. 08-00514) nonetheless dismissed the suit...without notice to the parties, we REVERSE the judgment of the district court and REMAND for further proceedings.

Cleveland’s decision to address the issue of subprime-mortgage securitization through litigation arguably reflects an otherwise frustrated regulatory intent, as the city likely could not regulate such activity directly. Ohio law appears to prevent Cleveland from regulating subprime mortgages in the traditional manner (i.e. by municipal ordinance), as it vests the state with sole authority to “regulate the business of originating, granting, servicing, and collecting loans and other forms of credit in the state and the manner in which any such  business is conducted.” Ohio Rev. Code § 1.63(A). In addition, Ohio law expressly preempts “[a]ny ordinance, resolution, regulation, or other action by a municipal corporation” to regulate such matters. Id.§ 1.63(B). Indeed, the OHIO SUPREME COURT struck down Cleveland's previous attempt to regulate predatory mortgage lending by ordinance as preempted by state law, including § 1.63. Am. Fin. Servs. Ass’n v. City of Cleveland, 858 N.E.2d 776, 785–86 (Ohio 2006).

I. BACKGROUND

The City of Cleveland has seen a record number of home foreclosures in the past decade. Between 2000 and 2008, Cuyahoga County, Ohio, where Cleveland is located, recorded approximately 80,000 foreclosures. In Cleveland, Foreclosures Decimate Neighborhoods,NPR Radio, May 24th, 2008.

In 2007, County Treasurer Jim Rokakis described the city as "the epicenter of the mortgage meltdown in America." (Thomas Ott & Susan Vinella, Home Loan Foreclosures on the Rise in Cuyahoga, The Plain Dealer, July 4, 2007).  Against this backdrop came three (3) lawsuits relevant to this case:

A. City of Cleveland v. Ameriquest Mortgage Securities, Inc. (City of Cleveland I)

In January 2008, Cleveland brought suit against twenty-one (21) financial institutions in Ohio state court, alleging that the defendants’ actions in the subprime-mortgage industry constituted a public nuisance under Ohio common law. By securitizing subprime mortgages and later foreclosing on the houses purchased through such mortgages, the defendants allegedly contributed to a financial crisis in the city that included significant declines in property values, a shrinking tax base, and an increase in criminal activity. Cleveland sought to recover for the costs it incurred in monitoring, maintaining, or demolishing foreclosed properties and for decreased tax revenues. The defendants {Ameriquest} removed the case to federal court. {Then} after denying Cleveland’s motions to remand and to amend its complaint...the district court granted the defendants’ motion to dismiss on the grounds that the city’s suit was preempted by state law and was barred by the economic-loss doctrine.

B. City of Cleveland v. JP Morgan Chase Bank, N.A. (City of Cleveland II)

In August 2008, shortly after the district court denied Cleveland’s motion to remand in City of Cleveland I, Cleveland filed a second suit in Ohio state court against twenty-eight (28) financial institutions, including the non-diverse JPMorgan Chase Bank, N.A. In addition to pleading another public-nuisance claim, Cleveland alleged that the defendants had violated the Ohio Corrupt Activities Act (“OCAA”), the state RICO analogue, by inaccurately claiming title to mortgages and promissory notes in foreclosure proceedings in violation of Ohio Revised Code § 2921.12(A). See Ohio Rev. Code § 2923.32. Cleveland also sought to recover under Ohio Revised Code § 715.261 for costs incurred maintaining or demolishing foreclosed houses.

C. Chase Bank, USA, N.A. v. City of Cleveland (Chase Bank)

In February 2008, while City of Cleveland I was pending, Plaintiffs-Appellants Chase Bank, USA, N.A., JPMorgan Chase Bank, N.A., JPMorgan Mortgage Acquisition Corp., and J.P. Morgan Securities, Inc. (collectively, “Chase Bank”) brought the suit that is currently before us. Chase Bank sued Cleveland in federal district court... requesting an injunction against that suit. After Cleveland filed City of Cleveland II, Chase Bank amended its complaint to request declaratory relief and an injunction against both of Cleveland’s lawsuits.

D. Recent Developments:
Since this case left the district court, several developments have occurred in both City of Cleveland I and City of Cleveland II. In City of Cleveland II, the Cuyahoga County Court of Common Pleas dismissed Cleveland’s public-nuisance and OCAA claims, but denied the defendants’ motion to dismiss. {As}J.P. Morgan Chase Bank, N.A. and J.P. Morgan Securities, Inc. are defendants in City of Cleveland II. Cleveland voluntarily dismissed its §715.261 claim and appealed the trial court’s dismissal of the public nuisance and OCAA claims. That appeal is currently pending in the Court of Appeals of Ohio, Eighth Appellate District.

In addition, the United States Supreme Court denied Cleveland’s petition for a writ of certiorari in City of Cleveland I. City of Cleveland v. Ameriquest Mortgage Sec., Inc., 131 S. Ct. 1685 (2011). Accordingly, Chase Bank’s request for injunctive and declaratory relief regarding City of Cleveland I is now moot. All that remains of the suits in which Cleveland is the plaintiff is City of Cleveland II. Because Chase Bank, USA, N.A. and JPMorgan Mortgage Acquisition Corp. are not parties to City of Cleveland II, we dismiss their claims as moot.

Another Recent Case linked below from the same U.S. Federal Court (Sixth Circuit):

US Court of Appeals smackdown of Ohio Mill Firm - LSR

CLEVELAND WARNED the Regulators !! Yet...No one did a thing!!!
SHOCKING, STUNNING, and ACCURATE predictions are quotes from this now 4 year old (2008) article : As Decade Dawned signs of Crisis:   9-28-2008 - Roger Mezger

"We called it early... Nobody listened,"There was blood on the streets of Cuyahoga County. But it wasn't until there was blood on the streets of Wall Street that anyone cared."
(Jim Rokakis - Cuyahogo County Treasure)

'This is going to become an epidemic,' and they sat on their hands. For whatever reason, they didn't act. But if you were looking, the handwriting was on the wall. If you were looking, it was obvious something was wrong."
(Tony Stevenson, a staff attorney with Housing Advocates Inc. in Cleveland)

"Regulators allowed loose lending to keep the economy going. All the regulators knew what was going on."
(Raj Aggarwal, dean of the College of Business Administration at the University of Akron)

For years Cleveland had been WARNING "asleep-at-the-wheel" State and Federal regulators of what was to come.  Home prices had become so outrageous in value, that during a 6 year period, median home prices (in Cleveland) rose 56%, according to county real estate records, while the city's population dropped 4% during the same period. It didn't make sense. YET - No one in OHIO or the Federal Government would listen or do anything to stop these lenders and banks from pillaging the city.

Ohio Blogger to White House for Housing Summit

At White House Meeting, Youngstown Ohio Housing Leader, Blogger, Homeowner  - Pushes Obama Administration for Solutions to Foreclosure and Housing Crisis

WASHINGTON, DC – On Thursday September 13th, Mark Roarty, an Ohio leader and nationally recognized blogger and housing advocate traveled to our nation’s capital to meet with top Obama Administration officials at the White House. Mr. Roarty discussed the immediacy and need for implementing bold new solutions to the housing and foreclosure crisis that has devastated our communities. cities & states.

Mark Roarty prior to White House housing summit

In break-out meetings with officials from HUD, DOJ, and the White House National Economic Council - Mark joined 150 other leaders, clergy, homeowners, and housing advocates (representing 26 states) and laid out recommendations to address the housing crisis and getting our economy back on solid ground. Roarty, along with other leaders, told the White House administration that it is far past time that they enact policy solutions such as:
- Principal reduction as a bold new plan needed to address foreclosures, fix the housing crisis, create jobs, and reset the economy. Specifically, the request included strong language to remove Ed DeMarco, interim director of FHFA, which oversees Fannie Mae and Freddie Mac. Ed DeMarco obstinately and ideologically opposes principal reduction, despite its proven benefits for homeowners and taxpayers.
- Publicly support the RMBS Task Force investigating big bank fraud, which the president announced in his State of the Union address back in January. The task force needs additional financial resources and staff to conduct real and effective investigations. The task force work will result in accountability for Wall Street crimes that crashed our economy.
- A nationwide Homeowner Bill of Rights that enacts strong standards for how banks must work with borrowers in foreclosure, including mediation and mandatory principal reduction when it would help the homeowner and investor.

Later in the day, Roarty joined up with other Ohio housing support groups and organizational leaders to visit Ohio Senators Sherrod Brown and Rob Portman. In the Senators' Washington D.C. offices they met with key staff to share ideas and ask for support from the Ohio Senators on the recently introduced Menendez/Boxer Bill (S. 3522). The bill would allow homeowners trapped in high-interest loans, guaranteed by Fannie Mae and Freddie Mac, to refinance into lower interest loans and also eliminate up-front fees along with appraisal and loan closing costs.

Roarty, was invited to the meeting because of  his affiliation with NPA and The New Bottom Line along with his nationally recognized blog Ohio FRAUDclosure. In Ohio, he is a leader and homeowner advocate with the Mahoning Valley Organizing Collaborative (MVOC). 

Tracy Van-Slyke (Director of The New Bottom Line) & Mark Roarty on front steps of White House prior to meeting.

Mark Roarty is also one of three nationwide home-owner spokespersons for The New Bottom Line coalition's Home Is Where The Vote Is campaign. The campaign, with the goal of making President Obama and Governor Romney address the foreclosure and housing crisis, features Roarty in a two-minute video explaining the realities faced by thousands of Ohio homeowners. Some of the deeply felt pain, of being in foreclosure, is shared by Roarty in the video. Recently, after a 4 1/2 year legal battle, a decision was handed down by an Ohio Appellate Court reversing the illegal foreclosure on his home.



More than 400,000 OHIO homeowners have been foreclosed on since 2007, with the state’s eight urban cores being hit hardest. The spike in foreclosures has led to massive neighborhood blight, vacant properties and community disinvestment. Those maintaining their homes have seen a huge decline in value, leaving 529,834 Ohio homeowners underwater on their mortgages. That figure is roughly one quarter of all homeowners in the state. Nationally, there are almost 16 million underwater homes, totaling a loss of $1.2 trillion in home equity. Resetting those mortgages to fair market value would save the average underwater homeowner $543 per month, pumping $104 billion into the national economy every year. This would also allow financial capacity to create 1.5 million jobs nationally.

Related: New Jersey - Homeowners Underwater and abandoning ship.

The foreclosure crisis in Ohio is rooted in illegal activity by lenders and Wall Street and inadequate rules and enforcement. The misconduct included predatory sub-prime lending, targeting of senior citizens, veterans, and communities of color, and bundling and pawning off flawed mortgages, avoiding accountability. Those forces combined with record long-term unemployment to bring our economy to the brink of collapse, and continue to jeopardize our economic recovery.

"The Mahoning Valley (Youngstown), like many areas across the country, need help to stop the on-going and rampant bank and servicing fraud in foreclosure," Roarty said. "Local and state leaders and organizations have done everything possible to deal with the result of illegal and improper foreclosures (vacant homes & blighted neighborhoods) by helping secure funds for demolition. Now we need to address the cause. We need action, and we need it now. My home, our communities, and our economic future is depending on it."

Speaking directly to HUD Secretary Shaun Donovan at the end of the meeting, Roarty, in front of the entire forum, asked that the administration officials in attendance pass along the importance of these issues  - directly to the President.

Although he was impressed that the administration agreed to host the forum, he feels that more immediate action is needed. "The President needs to address this in his campaign," Roarty said after the meeting. "It’s great that administration officials heard our concerns and critique, but this requires more than lip service."

Information for Ohio Homeowners at Home is Where the Vote is (HERE)

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