Thursday, September 22, 2011

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 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)


  1. The Supreme Court yesterday accepted a certified conflict case in Freddie Mac v. Schwartzwald. The question to be decided is whether a lack of standing or real party in interest defect can be cured by the foreclosing bank's obtaining an interest in the note and mortgage prior to entry of judgment.

  2. While they "satisfied the mortgage" --- did an entity that was owed any money REALLY satisfy this purported mortgage. Problem is, all the forgeries, fraudulent documents, robo-signed affidavits, and even satisfactions of mortgage are virtually all bogus, so this may seem over, but actually may not be. Wrong, but reality.

  3. Hi
    Great Blog
    Any updates with regard to Ohio Fraudclosure cases?