Showing posts with label Foreclosure Mill. Show all posts
Showing posts with label Foreclosure Mill. Show all posts

Thursday, December 29, 2011

THEY ARE COMING !!! Are you next ???

THEY ARE COMING
What you are about to see ......REALLY HAPPENED
Listen, Witness and Experience....the inhumane side of EVICTION
Will they come again....for this family? Will they steal their home?
Will they come ….when no one is watching? Next time....will they come....for you?   



A land once filled with promises...Where the American Dream was a family’s home,
has now become the land of broken promises and shattered dreams.
Sounds of children crying ....haunt parents ....who find it hard to sleep...

Everyone......waiting.... for the next knock or pounding....on the front door. 
  
Communities are being destroyed, as families disappear into the night.

This will leave heavy scars on the very fabric of our nation.
These wounds are so deep…it will take a generation...or two....to heal. 

3,000 ....EVICTIONS.... EVERY SINGLE DAY of the YEAR.  
Maybe not today, or tomorrow, but ......THEY ARE COMING


They come......often with little or no warning.

Fannie and Freddie stopped foreclosing for the holidays, but only for a brief moment,
they did not stop....out of the goodness of their hearts.
They paused, so no one witnesses THE HORRORS OF THEIR ACTS AT CHRISTMAS.

 
January 3rd is coming and the daily mass evictions need to be ramped back up....again

THEY ARE COMING 
This family, like thousands before them, are re-living the nightmare,
The Pounding....The Police...The Noise ....it will not go away
Their Christmas Joy and Holiday fun are replaced by fear...as they hang on....each day 

THEY ARE COMING....again.....beginning JANUARY 3rd, 2012.
THEY ARE COMING....to your city....your state ....and
THEY ARE COMING..........FOR YOU

Please email, link, facebook or twitter this video  - share through any social media
We must......get the message out...and....
WE MUST STOP THIS INDIGNITY
WE MUST STOP THIS CRIME
WE MUST STOP THIS EVICTION and FRAUDCLOSURE AGAINST THIS FAMILY


National Blog recognizes OhioFRAUDclosure (Mandelman Matters - HERE)

If you would like to make a difference & help change.....these eviction nightmares
Please visit and follow-up at:

Ohio FRAUDclosure  and at Mandelman Matters
ohiofraudclosure@gmail.com and at  mandelman@mac.com

Other Websites: 4closureFraud.org and ForeclosureHamlet.org
Thank you Martin (at Mandelman Matters) for strength & guidance for this post

 
Homeowners in Chicago and Cleveland STOPPED EVICTIONS...in the 1930s
Are we approaching a point in time - where homeowners "Rise Up" AGAIN??
RACHEL MADDOW SHOW......OCCUPY OUR HOMES........

A growing number of homeowners & supporters are standing up to the banks 
 I will:
Resist attempts by the FRAUDsters (banks & servicers) to "steal" our homes. 
Take necessary action(s) to Support American Homeowners.
If they attempt to foreclose, I will not go
If they attempt to evict, I will not go
If they attempt to Steal my neighbors home, I will stand in solidarity with them
I will:
- sign petitions
- make phone calls
- contact caring - local and national organizations
- join efforts of local and national organizations that help with foreclosure defense & to help stop evictions
- help spread the word
TAKE THE PLEDGE: IN DEFENSE of AMERICAN HOMEOWNERS: (CLICK HERE)

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 .....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)

Wednesday, June 15, 2011

The Wizard of OZ (Wall Street Trusts) - REVEALED !!

Who are the N.Y. Banks & Trusts Foreclosing on Ohio Homeowners ?
"I am the Foreclosure Wizard - I own your Mortgage and Note - I'm taking your HOME"
Shortly thereafter when the courtroom is cleared of the smoke & MERS (Mortgage Electronic Registration System) the local OHIO civil court judge... shouts out in fear - YES - take the home - SUMMARY JUDGEMENT awarded to you oh great Wall Street Wizard

Anyone reading this blog knows this FORECLOSURE WIZARD of Wall Street.  This huge - scary - to big to fail entity - is best known as...."THE TRUSTEE"
   
The trustee is a legal administrator that is supposed to make sure the big bad Trust LEGALLY OWNS and HOLDS the homeowners NOTE and MORTGAGE ... BEFORE ... they come into a courtroom blowing smoke and making all kinds of scary threats to foreclose. The simple requirements (rules and guidelines) on how to transfer and hold the mortgages and notes - were actually set up by the Banks themselves. The Banks first made up the Mortgage Rule handbooks and then they filed them with the Securities and Exchange Commission (SEC). This legal handbook is known as a Pooling and Servicing Agreement (PSA). The self created document spelled out in very specific detail how each homeowner Mortgage was to be pooled (bundled together) and assigned. Thus, by following their own rules (in the PSA) the "Wall Street Wizards" could now sell ALL these bundled mortgages as investments. Rules were to be followed for the assignment and delivery of each and every mortgage purportedly being sold and transferred to the TRUST. The Trustees for the so called Mortgage Backed Securities (MBS) claimed they held thousands of mortgages that were worth BILLIONS of dollars (creating millions in commissions and corporate profits)

But then - something happened! While the Trusts were FRAUDulently scaring all the judges into awarding foreclosures - a couple "TOTO" attorneys  - decided to pull back the curtain on these great big scary fire-breathing "Wizards of Wall Street" and Guess what they found?
   The Wall Street Trusts - Have NO MORTGAGES - They CANNOT FORECLOSE !

The FRAUD has been exposed. The fire, smoke and loud noises are FAKE - The computer generated and Robo-Signed documents are outright FRAUD. The mortgages are NOT in the Trusts - They never were. The man behind the curtain is "Linda Green" - operating a giant LPS computer and trying to transfer all the mortgages and notes FRAUDulently.
Linda Green Robo-signing
"We have 60 million mortgages - we are too big to fail! I have to keep scaring people and illegally taking homes. I AM LINDA GREEN - I CANNOT BE STOPPED - I MUST FORECLOSE - I AM THE GREAT AND WONDERFUL...WIZARD of WALL STREET"

See below - N.Y. and Wall Street Trusts - GAME OVER !!
If you've been served a notice of default from one of these "Empty Trusts" or "Bogus Lenders" or Pretend Banks - Get a Lawyer!! and fight back!!
Below are some of the phony or false plaintiff suing parties being exposed:
Bank of America, Bank of New York, Deutsche Bank, U.S. Bank N.A.

 Article by Gretchen Morgenstern (Right click and open in new tab)
2 State Attorney Generals, from New York and Deleware, are investigating Wall Street’s bundling of loans into securities to determine whether they were properly documented and valid. The attorney general of New York (Eric Schneiderman) has teamed with his counterpart from Delaware ( Joseph R. Biden III) Their joint effort centers on the back end of the mortgage assembly lines - where big banks served as trustees overseeing the securities for investors....A complex process that produced hundreds of billions of dollars in securities during the lending boom, the issuance of mortgage securities began with home loans, which were then bundled into investments and sold to pension funds. mutual funds, big banks and other investors. The bundles were created as trusts overseen by institutions such as Bank of New York and Deutsche Bank; they were supposed to make sure (they didn't) the complete mortgage files for each loan were delivered within a specified time and with the proper documentation. (they failed)

HUFFINGTON POST: Article by Shahien Nasirpour (Right click and open in new tab)
New York Attorney General Eric Schneiderman has targeted Bank of America, the biggest U.S. bank by assets, in a new probe that questions the validity of potentially thousands of mortgage securities and their associated foreclosures. In some cases where trusts moved to seize borrowers' homes, judges have determined the trusts lacked legal standing due to faulty documentation. The inquiry could prove explosive: Wall Street's great mortgage securitization machine took millions of home loans and bundled them into securities for sale to investors. If the legal steps that guide securitization -- like taking mortgage documents from one party to another, a critical step under New York law -- were not undertaken, then the investors who bought the bundled loans could force the companies to buy them back, compelling them to eat enormous losses. While several investigations remain ongoing at the state and federal level, no agency has systematically examined loan-level documents to ensure the creation of mortgage securities complied with state laws or to examine the scope of sloppy paperwork in foreclosure proceedings, like the so-called "robo-signing" fiasco. In its November report, the bailout watchdog said that the "robo-signing of affidavits served to cover up the fact that loan servicers cannot demonstrate the facts required to conduct a lawful foreclosure." "In essence, banks may be unable to prove that they own the mortgage loans they claim to own," the panel said.

Wall Street Journal: Article by Nick Timiraos (Right click and open in new tab)
On Monday, a Michigan judge overturned a foreclosure after concluding that the foreclosing entity couldn’t have owned the mortgage after it failed to comply with certain mortgage securitization rules. Jeff Barnes, the lawyer for Hendricks, successfully argued that  U.S. Bank N.A. as trustee didn’t have the right to foreclose, in part because it hadn’t been assigned ownership of the loan in accordance with strict rules required to ensure the tax-exempt status of mortgage-bond investments. (Hendricks still lives in the house. Michigan gives borrowers a six-month “redemption period” and Barnes says the foreclosure challenge was filed during that time.) The decision is a possible setback for the securitization industry, which has argued that its transfers of mortgage loans are valid under the Uniform Commercial Code, which governs commerce across the nation. The Michigan court ruled that the specific securitization agreements didn’t comply with New York trust law, which superseded the UCC because it governs most so-called pooling and servicing agreements(PSA).

Yet in OHIO our Local courts are still systematically awarding Summary Judgements to Robo-Signed and "Empty Trusts" which hold No Note and No Mortgage. Do we really have to wait for Michigan, New York and Delaware to "figure it out" for us? Come on OHIO COURTS! Below are some guidelines for any OHIO Civil Judges:
You can't take-back ... something you've never owned !
You can't get a divorce settlement .... if you've never married !
You can't foreclose.... on a mortgage and note... you don't own !!

Friday, May 27, 2011

OHIO judges SHOOT down predator drone

     BREAKING NEWS - NEW OHIO APPELLATE COURT DECISION
Reversal of lower court (Summit County) ruling.  "The judgment of the Summit County Court of Common Pleas is reversed and remanded for further proceedings"....and
Affidavit Fail  "CitiMortgage failed to prove, through its affidavit or otherwise
that it complied with the notice provisions of the mortgage..and the Elia's {Homeowner} assignments of error are sustained.















Slipping shoddy, manufactured and bogus paperwork past the lower court local judges (old, out-of-touch, too busy) on the “fast track” to foreclosure…used to be easy! The judicial wheels were spun out of control by the large Predator Drone Foreclosure Mills and "Bench Warmers" (local counsel used to foreclose) seeking the highly sought after and computer generated “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 that were asleep-at-the-wheel. (Link to report).

However, recent media attention (certainly not from here in Ohio) turned the spotlight on fraudulent and criminal behavior, used by many Foreclosure Mills, to create and execute documents which are genuinely (legally) needed to initiate foreclosures.
Now, the mindless and legally void factory approach used to ram-rod thousands of FRAUDclosures through the judicial machinery of Ohio’s 88 county Civil Court system ….appears to have finally hit a cog. The "stick-in-the-wheel" - recent published decisions coming out of some of Ohio's twelve Appellate Courts. The Appellate courts impanel a 3-judge ruling body and seem to have finally been awakened… from a deep legal sleep of some 5+ years. As of late, the appellate courts have been routinely overturning, dismissing and returning cases to lower courts which had improperly awarded Summary Judgment to pretend lenders, bogus trust & trustees, and improper plaintiff parties.

Below findings: from Court of Appeals OHIO 9th District
Case: CitiMortgage, Inc. v. Elia, 2011-Ohio-2499 (right click & open in New Tab)
Date: May 25th, 2011
Plaintiff: CitiMortgage
Predator Drone Foreclosure Mill:  ERIN M. LAURITO,  Attorney for plaintiff  {CitiMortgage} 
 
Laurito, on behalf of CitiMortgage, apparently felt she didn't need to bother with "NOTICE" or even follow any Rules of LAW for "Default." Apparently, she felt the same as and for needed requirements to "Accelerate" (full amount due). Ohio's 9th Appellate Court at:
{¶13} This Court has recognized that “[w]here prior notice of default and/or acceleration is required by a provision in a note or mortgage instrument, the provision of notice is a condition precedent and {¶15} "The only statement ....that even hints at CitiMortgage having complied with the notice provisions ..is....that CitiMortgage “has elected to call the entire balance of said account due and payable,[.]”...CitiMortgage did not present any evidence of written notice actually having been sent to the Elias. Moreover, CitiMortgage did not file any response or reply, much less any additional evidence, when the Elias directly challenged the notice deficiency in their own affidavits in support of their memorandum in opposition

The court was further insulted that Laurito "apparently" thought her having to respond to the appeal by Elia was a waste of the courts time and judicial resources. The 9th Appellate Court also at:{¶15} ..On appeal, CitiMortgage’s response to the Elias’ notice challenge is that it would be “a waste of [] judicial resources” for this Court to remand this matter because the Elias clearly know they defaulted and CitiMortgage would simply re-file its motion, {next time} adding language that notice was provided. 
The court responded to this obvious slap at their authority (by Laurito) at {¶15}.."Had CitiMortgage filed proper materials in the first instance, however, far more judicial resources might have been saved.  The plain language of the mortgage clearly requires that the Elias be given notice “prior to acceleration.”  It was CitiMortgage’s burden to prove that the notice was given....we cannot conclude that CitiMortgage met its initial... burden and showed that it complied.
Homeowner Elias pointed out for the court - what they thought was an obvious Robo-Signed affidavit that was void of truth (FRAUD!)....{¶11} The Elias argue that CitiMortgage’s affiant, Menne, could not have personal knowledge of the truth of the statements set forth in his affidavit because: (1) CitiMortgage was not even assigned the mortgage until after the alleged default occurred; and (2) Menne’s affiliation with CitiMortgage was in question, as he claimed to be a vice president of both CitiMortgage and MERS “at virtually the same time.”
The court was clearly troubled by this and even tried to point out the conflict and improbability of the affiant holding down a prestigious title of Vice President for multiple entities and banks - at the same time. The court stated {bolding and underline mine for added emphasis} 

....{¶12} ....{W}e are troubled by the fact that CitiMortgage opted not to respond, either in the court below or on appeal, to the Elias’ argument that Menne’s affiliation with the bank is questionable. Specifically, the Elias correctly observed that, on February 2, 2009, Menne signed an assignment of the mortgage at issue as a vice president of MERS and, on March 3, 2009, he signed the affidavit in question as a vice president of CitiMortgage. 

The Elia decision (above) is another example of proper adjudication within the Appellate system. Elia is supported by a similar decision out of Ohio's 5th Appellate District Court, which found bogus affidavits with legal foundation - being a "Screen Shot" from a computer - could NOT be used or relied upon. The Home Equity Theft reporter analysis (here)

Unfortunately the appellate court can only make note of some issues (and cannot rule on them) if defendants did not "properly" raise them AND provide evidence, at the time of appeal. But the court helped  (hint – hint) defendant/homeowner know - what to provide - when the case is OVERTURNED and sent back to the lower court .The 9th court at {¶12} .....Without any additional evidence in the record before us that actually contradicts Menne’s assertion that he was a vice president of CitiMortgage at the time he signed an affidavit on its behalf.....we cannot reject his averment ....on the basis of the Elias’ unsupported observation.

Fraud is Fraud…no matter how many times you cover it up. You can’t legally unscramble the foreclosure omelettes  “Cooked-Up" by the FRAUDclosure factories (LPS and MERS) along with the Predator Drone Mill Attorneys. Unfortunately our judicial system continues to allow them.…. to try again - over and over - to give bogus plaintiff - multiple attempts to “get it right” (WHY?)
This legal nightmare is paid for by the TBTF banks, rather than negotiate a settlement, provide a loan mod, or ...gasp...try some principal reduction. The banks would rather throw money at the attorneys until they financially exhaust the homeowner (or drive them insane) with on-going and never ending legal filings. All this in an effort ... to pry the home ..out from the rightful owner. Yea..this helps the "housing recovery"
Thank God the Appellate courts (which are are feed up) are no longer awarding a “Free Home” to the fake lender/owner/plaintiff. They are making the foreclosing party prove up "standing" to invoke the jurisdiction of their courts. Although I don’t see the Predator Drone (Mill Firms) FRAUDClosure efforts stopping. The good judges, have finally peeked out their courtroom windows and apparently see the blindfolded lady ….attempting to balance....the Scales of Justice. Thank You OHIO Judges! for getting it right!
The 9th Appellate Court:
{¶16} ...we do agree that CitiMortgage failed to prove, through its affidavit or otherwise, that it complied with the notice provisions of the mortgage.  As such,... {¶17} The Elias’ assignments of error are sustained for the reasons set forth above.  The judgment of the Summit County Court of Common Pleas is reversed and remanded for further proceedings consistent with the foregoing opinion.

BETH WHITMORE       FOR THE COURT
MOORE, J. BELFANCE, P. J. CONCUR

Honest working Attorneys for the Defendants: (Ziad and Holley Elia):                                                     MARGARET A. MCDEVITT, and JULIUS P. AMOURGIS, Attorneys at Law, for Appellants.

Thursday, April 28, 2011

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 6th, 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

Thursday, April 21, 2011

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

Wednesday, April 20, 2011

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

Tuesday, April 19, 2011

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.