US Bank V Duvall - Who really paid the mortgage?

You remember OHIO's Landmark Case
U.S. Bank v. Duvall: (Brief Case History below)
First a Cuyahoga County Civil Court (Cleveland) then an Ohio District Appellate court (8th) dismissed this case.... because US Bank (as trustee) hadn’t proved it owned the note and mortgage BEFORE it filed the foreclosure complaint. A third attempt was made by asking the Supreme Court to reconsider the Appellate Courts decision. That too ...was declined. In a final desperate attempt to change existing law, the Predator Drone Foreclosure Mill law firm found some Pro-Se defended cases where the appellate courts had misinterpreted or misapplied Ohio Law. US Bank used these poorly decided cases and requested the Supreme Court of Ohio ...to certify a conflict.... of Ohio Law.

Attorney Gary Cook and Antoine Duvall

 Photo appears courtesy of Ohio Public Radio Station WCPN 90.3, Mhari Saito, NPR (ideastream)

But as the case received more exposure ...it became apparent....the FRAUD was going to be exposed (transfer & assignment of mortgage) ...or worse....have OHIO's highest court..... realise..... the NOTE was never properly or legally transferred to the TRUST. So the easiest and best solution - pay it off and cover up the fraud. Then simply ask the court to dismiss this case ....
So after initially "Certifying a Conflict" as a way to get this case heard by the court ....the ending (DISMISSAL) from Ohio's Supreme Court... was short and simple:

...........Upon consideration of appellees' Notice of Suggestion of Mootness, IT IS ORDERED by the Court, that this case is DISMISSED as MOOT........(Right Click HERE & open in a new tab )

HOW had DUVALL's three year legal battle......suddenly become MOOT ???
How was the "CASE of the CENTURY" .....suddenly and quietly dismissed ???
Well it appears that Wells Fargo and US Bank decided to satisfy (pay in FULL) the Duvall mortgage once they realised that this case would be scrutinized at the highest Level (and all the Fraud Exposed) See a copy of the suddenly satisfied mortgage ! 
This outraged our FL. friend - His commentary & blog on this Landmark Ohio Case

"CASH REGISTER JUSTICE" (by Outstanding Florida Attorney Matt Weidner)

…..”The banks just cannot allow major decisions to be reported. The banks will not allow the probing light of justice and truth to shine on what they are doing….so anytime they get backed into a corner with a bad case, they simply pay the mortgage off and walk away….calculating, cold and swift….like a predator drone strike….at the heart of our Constitutional Rights. And just think about the profound impact of having major cases just disappear from high court dockets”………

(Matt coined the phrase - ROBO-SIGNING - and helped expose this fraudulent practice and raise awareness on this issue .....to a national level)

NOW THE SHOCKING and DETAILED EXPLANATION
FULL REPORT and the UNVEILING of the FRAUD
Exclusive from our friends Lisa (Foreclosure Hamlet) & Mike (4closurefraud) and
Lynn Szymoniak (Fraud Digest)

Mr. Duvall’s case went all the way up to the Ohio Supreme Court, where the fraudclosing entity realized the weakness of their position and the possibility of a state Supreme Court issuing a decision that would prevent fraudclosures across Ohio. The fraudclosing bank {US Bank using Wells Fargo Servicing} and their {Predator Drone}Foreclosure mill attorneys {Thompson - Hine} knew they were caught with fabricated, fraudulent real estate documents. They were concerned that, under the scrutiny of Ohio Supreme Court judges, there would be a little problem with the lack of authentic, valid, legal proof of their right to foreclose. In order to moot the case, US Bank as Trustee and/or their fruadclosure mill offered a settlement that was too good to refuse which included the wiping out of the mortgage with a satisfaction recorded in the public records. Both parties informed the Ohio Supreme Court of their desire to drop the case. The Ohio Justices allowed the case to be dropped.

So just like Florida's Pino case (reported yesterday), banks will go to great lengths to avoid facing a court populated by a majority of judges who may not be bank-puppets. Of course, it’s becoming more and more known (even to judges) that widespread securtization fail (lack of proper, legal, contractual conveyance of mortgages and notes) was one of the stops on the way to millions of fraudclosures (fabrication of real estate documents & fraud upon American courts to cover-up for securitization fail).

The investors were notified in a timely manner of the….ahem…."liquidation” of this “asset” but boy…oh….boy did they take a loss on this one.

Let’s break it down shall we?
Trust: US Bank as Trustee for Citigroup Mortgage Loan Trust Inc. Asset-Backed Pass-Through Certificates, Series 2007-WFHE2
Servicer: Wells Fargo
Securitization Fail/Fraudclosure clues: Two Fraudulent assignments of mortgage,
one fabricated in 2008 (South Carolina Wells Fargo document signer Anita Antonelli )
one fabricated in 2011 (Minnesota Wells Fargo document signer Scott Heurkins)
Original mortgage: $90,000
The June 2011 report (page 16) shows Mr. Duvall’s loan (# 0157265091)
as incurring a loss of  $124,595.99. 
Broken down as $88,511.78 in principal losses and $36,084.21 ("delinquent interest")

It shows this loss as a hit to the investors to the tune of 140.768 %. 
Total loss to MBS investors (remember this might be your or your loved ones’ retirement funds or your county’s funds for making payroll to public employees)? $124,463.99

Think a moratorium on fraudclosures is warranted so we can investigate these newly uncovered layers of fraud and come up with sustainable solutions for families and investors while indicting the financial criminals? Maybe if we insist and demand this now we can save both American families and our retirement/pensions/municipality investments from continued harm

READ the rest of the report with exhibits (HERE)

YOUNGSTOWN OHIO is now OCCUPIED

A small Midwest "All-American City" - YOUNGSTOWN OHIO - is now OCCUPIED
Crowds gathered and peacefully protested with no interference from 6 area "Closed" Banks.
JP Morgan Chase was locked-up and closed. They have no need to conduct business on Saturday. J.P. Morgan Chase could care less about their "city" customers' or their weekend financial needs.... moreover they cannot file any FRAUDclosure actions against homeowners on Saturdays.... so why bother to open?  Photo below is courtesy of Business Journal Daily
                                           "Occupy Youngstown"          

Demonstrators cheered and waved signs as speakers denounced the surrounding banks & corporate business practices.

YOUNGSTOWN, Ohio - Young and old, black and white -- a diverse crowd -- many of them carrying hand-painted signs, gathered on Central Square at noon today for the Occupy Youngstown protest. ..... elected officials were there -- among them Youngstown Mayor Charles Sammarone, Municipal Clerk of Courts Sarah Brown-Clark and Councilman John Swierz.

U.S. STATE Rep. Robert Hagan, D-Youngstown, was the only elected official to speak:
"The people in these banks," Hagan thundered, gesturing toward the downtown office of First National Bank, "the people up there in the chamber of commerce," he continued, pointing to the 17th floor of the bank building, "they're the ones who started this [class] war. And guess who's going to finish it -- we are!"

As strong winds chilled the crowd....speakers stood on a temporary platform and, one by one, denounced the 1% who control 40% of the nation's wealth. The OHIO FRAUDclosure blogspot author, was a featured speaker. He gave a stirring and impassioned 15 minute speech to an engaged and chanting crowd, which included an introduction to Youngstown based attorney - Bruce Broyles. Attorney Broyles is the brave attorney who submitted a brief, on behalf of OHIO FRAUDclosure and Ohio homeowners, in the landmark Ohio Supreme Court Case US BANK v. Duvall.

 

10-15-11 Read more about Saturday's events - Linked here  Business Journal Daily

10-16-11 Protestors: Here to Stay - Trib Today - by Christopher Bobby

Black & White photos courtesy: BBender Facebook & BBender84 Creative Photography

WYTV - News Coverage of Occupy Youngstown

Florida Democrat, Alan Grayson, tore up an ignorant panelist on the Bill Maher Show.

He managed, to articulate in only a minute, the Occupy movement and some of the biggest issues facing the middle class....bringing the studio audience to a standing ovation !!!  

We support OCCUPY: Akron, Columbus, and Cincinnati, Dayton, Kent, & Toledo
Cleveland is Occupied - Great Photos & Info (HERE) and at #occupy Cleveland

American Homeowners: "We've Had Enough"

            OUTRAGE to ACTION - Homeowners say "Enough"

 More and More people take to the streets - tired of big banks "legal shakedown"
 Looting Main Street Rolling Stone & Victor Juhasz

Everyday OHIO FRAUDclosure blogspot receives emails ....from ordinary American Homeowners. The emails....surprisingly come.... from all 50 states and always contain a simple request - please help!

The story's are frightening, compelling and heartbreaking. Each morning, after reading through just a few of these emailed stories ...a feeling of sadness and heartfelt compassion (for homeowner) is followed up by an overwhelming feeling.... of outrage!

I know....through this blog...I can only do so much. We've had some successes - by matching up some really good foreclosure Attorneys ....with homeowners ....that have been criminally abused by the Banks, Mortgage Servicers and the Court System.

For OHIO Homeowners - we've made a major impact through our groundbreaking action....of being the only known social media source to have submitted an Amici Brief to a State's Highest Court. (HERE: in US Bank v Duvall). We helped draw, via the Internet and this blog, much needed attention and legal arguments to an otherwise unremarkable and unnoticed case. At the time of our first post (HERE) there was NO COVERAGE through existing mainstream media sources (Newspaper, Radio, or TV). We can only hope that we've helped shape future outcomes and case law, and level the legal landscape in a positive manner. We believe our efforts benefit ALL OHIO homeowners, which continue to suffer the indignity of FRAUDulent foreclosure and other criminal acts and behaviours perpetrated by "Wall Street"

Beginning today, choose to support ANY EFFORT that is willing to stand up against the Big Banks and their FRAUDclosure Machines. Regardless of your city or State...YOU MUST help!

I challenge anyone ...to watch the below videos ....and continue to do NOTHING.
Lets take back MAIN STREET......by taking down .......WALL STREET

                           OCCUPY WALL STREET
Zuccotti Park, has unexpectedly become a headquarters for thousands of people from around the US to peacefully demonstrate within view of the financial district & Wall Street
                   People are gathered here....to protest..... financial inequity!
Watch this Keith Olbermann Countdown segment with filmmaker Michael Moore



Sept 24th - 80 Arrested as Financial District Protest Moves North
Sept 27th - Park Gives Wall St. Protesters a Place to Call Home
Matt Taibbi - Rolling Stone - 'Occupy Wall Street': Drawing the Battle Lines

STAND UP......BE HEARD......DO SOMETHING
Just Watch the below - Last Word Segment from MSNBC's Lawerence O'Donnell
You won’t see this Video, Coverage or Commentary in the mainstream news



10-1-11        OCCUPY WALL STREET    Boston, MA.
BOSTON - 10-1-2011   Police have arrested two dozen protesters of the over 3,000 activists for trespassing during a demonstration against Bank of America's foreclosure practices at the banking giant's offices in downtown Boston
Tone deaf and overpaid  Bank of America spokesman T.J. Crawford:
                        "This is a publicity stunt"
Really T.J...a publicity stunt..can't wait to hear from you on the new $5 a month debit card fee!


Our two fellow activist bloggers from Florida...Chose to MAKE A DIFFERENCE
Lisa (of Foreclosure Hamlet) and Michael (of 4closurefraud) are featured here:

Ohio Supreme Court's Shocking Decision in Landmark Case

               U.S. Bank National Assoc. v. Antoine Duvall et al.
                                                        CASE Number 2011-0218     

                    CASE DISMISSED as MOOT
   
A Simple question was before the OHIO SUPREME COURT JUSTICES:

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?

OHIO's highest court  - took the easy way out  - with a simple one page ruling  (HERE) which completely avoids succinctly resolving this issue and now leaves a number of identical cases and litigation - still before them. We had heard from a multiple of sources, attorneys, and "insiders".... that this was the best and easiest "way-out" and a "back- door" solution for Ohio's Highest Court and Judges. The court - once again "buried" the no decision on the LAST PAGE (15th) of Case Announcements(HERE - on the fifteenth and last page under MISCELLANEOUS DISMISSALS)

The MOOTNESS decision was a predicated result, after a well planned out and orchestrated effort to get this case "Kicked." You see US Bank NA had failed in their three (3) previous attempts to FRAUDulently foreclose  - on the DUVALLS (with a phony undelivered and improperly indorsed note along with a post filing FRAUDulent robo-signed mortgage assignment)

*Attorney Gary Cook and Antoine Duvall
So after initially "Certifying a Conflict" as a way to get this case heard by the court ....the ending (DISMISSAL) from Ohio's Supreme Court... was short and simple:

...........Upon consideration of appellees' Notice of Suggestion of Mootness, IT IS ORDERED by the Court, that this case is DISMISSED as MOOT........(Right Click HERE & open in a new tab )

HOW had DUVALL's three year legal battle......suddenly become MOOT ???
How was the "CASE of the CENTURY" .....suddenly and quietly dissmissed ???
Well it appears that Wells Fargo and US Bank decided to satisfy (pay in FULL) the Duvall mortgage once they realised that this case would be scrutinized at the highest Level (and all the Fraud Exposed) See (below) a copy of the suddenly satisfied mortgage - and a change from a predator drone foreclosure mill fraudsters to a financial "Santa Claus" 

......all of the above ...... triggered our previous below post:
Ohio FRAUDclosure blogger brief to Supreme Court of Ohio
In an effort to "Blindfold Lady Justice" and twist the legal arm of the state's highest court US Bank NA "PAID IN FULL" (satisfied) the Duvall's underlying Mortgage balance in an attempt to force Defendant homeowner counsel, along with plaintiff (Predator Drone Law Firm) to both suggest: The case, decision, and underlying question....are now.... MOOT
Please read our other Commentary and Posts (Below) on this Landmark Ohio Case

OH Supreme Court to Decide What Documents Banks Need to Foreclose?

OHIO SUPREME COURT - to make landmark decision


"CASH REGISTER JUSTICE" by Outstanding Florida Attorney Matt Weidner

…..”The banks just cannot allow major decisions to be reported. The banks will not allow the probing light of justice and truth to shine on what they are doing….so anytime they get backed into a corner with a bad case, they simply pay the mortgage off and walk away….calculating, cold and swift….like a predator drone strike….at the heart of our Constitutional Rights. And just think about the profound impact of having major cases just disappear from high court dockets”………

(Matt coined the phrase - ROBO-SIGNING - and helped expose this fraudulent practice and raise awareness on this issue .....to a national level)

and HomeEquity Theft Reporter: (Click on Headline and detailed Commentary below)
F'closing Banksters Score Another Big 'Win' As Lender Dodges Bullet, 'Games' Judicial System, 'Buys Off' Homeowner; Ohio Supremes Declare Issue "Moot"
.
.......Foreclosing banksters throughout the U.S. are presumably in a celebratory mood as they have recently succeeded in buying off another homeowner in foreclosure who had the temerity to bring a dubiously-conducted foreclosure case to the attention of a state supreme court
......Interestingly, according to footnote 1 of U.S. Bank's Memorandum regarding notice of suggestion of mootness, counsel representing the bankster in this case notes that it also represents the banksters involved in the other two cases. It remains to be seen if the banksters in those cases are equally successful in 'buying off' the respective homeowners in foreclosures.....'

......MUCH MORE TO COME.....
*  Photo appears courtesy of Ohio Public Radio Station WCPN 90.3, Mhari Saito, NPR (ideastream)

U.S. Bank National Assoc. v. Antoine Duvall on NPR Radio

TO:                        SUPREME COURT JUSTICES of the STATE of OHIO
FROM:                                      ALL OHIO HOMEOWNERS
RE:              U.S. Bank National Assoc. v. Antoine Duvall et al.
                                                     CASE Number 2011-0218       

THE QUESTION:  
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?

PREVIOUS ANSWER:   YES - Plaintiff must own the NOTE and MORTGAGE
WHY for the 4th time - in this case - is the same question before the court ?

Although this question has been repeatedly asked and answered - somehow - you have allowed the big banks to reintroduce the question, and have yet another opportunity to twist the law - in your court (surely you can't be bought......can you?).
Will you honor your oath of office and do the right thing? Will you uphold the LAW?
Will you allow a "Wall Street" destruction to Ohio Land, Title, & Property ownership?

Latest media coverage via NPR Award Winning Journalist & Reporter MHARI SAITO**

OH Supreme Court to Decide ‘What Documents Banks Need to Foreclose?

Attorney Gary Cook and Antoine Duvall

 Photo appears courtesy of Ohio Public Radio Station WCPN 90.3, Mhari Saito, NPR (ideastream)

Brief Case History of U.S. Bank v. Duvall:
Both a Cuyahogo County Civil Court (Cleveland) followed by an Ohio District Appellate court (8th) dismissed the case against Duvall because US Bank (as trustee) didn’t prove it owned the note and mortgage BEFORE it filed the foreclosure. A third attempt was made by asking the Supreme Court to reconsider the Appellate Courts decision. That too was declined. In a final desperate attempt to change existing law, the Predator Drone Foreclosure Mill law firm found some Pro-Se defended cases that had misinterpreted or misapplied Ohio Law. US Bank used these poorly decided cases to request the Supreme Court of Ohio to certify a conflict in Ohio Law.

But the FRAUD would be exposed in this case in seeing the transfer & assignment of mortgage ...or worse, to have the court see..... that the NOTE was never properly or legally transferred to the TRUST. So the easiest and best solution - pay it off and cover up the fraud. Then simply ask the court to dismiss this case .... See this ploy - below - from our previous post:  

Ohio FRAUDclosure blogger brief to Supreme Court of Ohio
In an effort to "Blindfold Lady Justice" and twist the legal arm of the state's highest court US Bank NA "PAID IN FULL" (satisfied) the Duvall's underlying Mortgage balance in an attempt to force Defendant homeowner counsel, along with plaintiff (Predator Drone Law Firm) to both suggest: The case, decision, and underlying question....are now.... MOOT

Supreme Court of Ohio - If you need any help with American Property Law:
Read MASSACHUSETTS  HIGH COURTS decision with the EXACT same parties:

US Bank National Assoc. v. Ibanez, 458 Mass. 637 - Mass: Supreme Judicial Court 2011

...... [I]n September and October of 2008, U.S. Bank and Wells Fargo EACH brought separate actions in the Land Court..EACH asserted in its complaint that it had become the holder of the respective mortgage through an assignment made after the foreclosure {action}.....[W]e agree with the judge that the plaintiffs, who were not the original mortgagees, failed to make the required showing that they were the holders of the mortgages at the time of foreclosure. As a result, they did not demonstrate that the foreclosure sales were valid to convey title to the subject properties... and  their requests for a declaration of clear title were properly denied.

The case decision ends with....Judgments affirmed, and Judge J Cordy further adds....
I concur fully in the opinion of the court, and write separately only to underscore that what is surprising about these cases is.... the utter carelessness with which the plaintiff banks documented the titles to their assets. There is no dispute that the mortgagors of the properties in question had defaulted on their obligations, and that the mortgaged properties were subject to foreclosure. Before commencing such an action, however, the holder of an assigned mortgage needs to take care to ensure that his legal paperwork is in order. Foreclosure is a powerful act with significant consequences, and Massachusetts law has always required that it proceed strictly in accord with the statutes that govern it.

The type of sophisticated transactions leading up to the accumulation of the notes and mortgages in question in these cases and their securitization, and, ultimately the sale of mortgaged-backed securities, are not barred nor even burdened by the requirements of Massachusetts law. The plaintiff banks, who brought these cases..  have simply failed to prove that the underlying assignments of the mortgages that they allege (and would have) entitled them to foreclose ever existed in any legally cognizable form.

ORIGINAL POST (April 2011):
OHIO SUPREME COURT - to make landmark decision

Additional Commentary posted at: Home Equity Theft Reporter linked below:
Ohio Supremes To Decide Whether Foreclosing Party Must Own Both Note, Mortgage At The Time Complaint Is Filed

** Mhari Saito is an Award winning journalist and reporter currently based at public radio station WCPN in Cleveland, Ohio.  Mhari's awards include a NATIONAL HEADLINER AWARD for her “Toxic Loan” series. Additional she has received Ohio Associated Press Awards in 2010 and 2011 for investigative reporting and  continuing coverage categories for her series of reports including “How Cleveland’s Most Toxic Loans Ended Up in the Goldman Sachs’ Controversy” and for “Toxic Assets.” She has covered everything from Ohio's foreclosure crisis to the kids' band, "The Wiggles." Mhari started her radio career as a stringer for NPR in Phnom Penh, Cambodia, in late 1997. Then in Philadelphia at WHYY, Mhari received the prestigious Edward R. Murrow regional award for a series she produced on urban blight. Her work is heard on the NPR network and through OHIO’s ideastream and WCPN 90.3 a Cleveland Public Radio station.

Ohio FRAUDclosure blogger brief to Supreme Court of Ohio

OHIO FRAUDclosure, an Internet "Blog Site," has submitted an Amicus Curiae (Brief) on behalf of ALL OHIO Homeowners in a landmark case US BANK NA v. DUVALL

This case and decision currently in front of the Supreme Court of Ohio - turn on the Question:

 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?

OHIO FRAUDclosure blog and Ohio's 88 Civil Courts have repeatedly addressed this issue (linked below) and have answered the above question "in the affirmative" (Yes !).  However, US Bank NA, seems intent on spending millions in an attempt to get a second chance to change standing law in Ohio.

In an effort to "Blindfold Lady Justice" and twist the legal arm of the state's highest court US Bank NA "PAID IN FULL" the underlying Mortgage (Duvall) in an attempt to force Defendant homeowner counsel, along with plaintiff (Predator Drone Law Firm) to both suggest:
The case, the decision, and underlying question.....are now.... MOOT!

There are many more shocking developments we've uncovered- still to come !!

We will be updating the blog on this case (HERE) and will share interviews with attorneys and past defendants (in conflict cases) along with opinions from other "legal minds" weighing in on this landmark issue!

Our Amicus Brief (Linked below) was filed with the court on Mon. 8-15-11.  The brief was brilliantly crafted by Mahoning County based Attorney: BRUCE BROYLES.
(Right CLICK on LINK below to Read Amicus Curiae brief)
 Brief of Amicus Curiae filed by Ohiofraudclosure.blogspt.com in support of Appellee

Definition of Amicus Curiae: 
Latin term meaning "friend of the court".  The name for a brief filed with the court by someone who is not a party to the case, and who has no relevance to any particular side in a case. Instead, they volunteer information regarding a point of law or something else relevant to the case that they feel may help the court in deciding a matter of great public importance.
"... a phrase that literally means "friend of the court" -- someone who is not a party to the litigation, but who believes that the court's decision may affect its interest."  William H. Rehnquist

ORIGINAL POST (April 2011):
OHIO SUPREME COURT - to make landmark decision

Additional Commentary posted at: Home Equity Theft Reporter linked below:
Ohio Supremes To Decide Whether Foreclosing Party Must Own Both Note, Mortgage At The Time Complaint Is Filed