Ohio Bombshell: Former AG takes on LPS, Mills & Servicers

BOMBSHELL:  CLASS ACTION COMPLAINT filed in Cuyahoga County (Cleveland)
MARC DANN (Former OHIO AG) of  DANN, DOBERDRUK & WELLEN, LLC

             

Explosive Legal News: 
Cuyahoga County:  Court of Common Pleas
Case: 2012 CV 787639   
Judge: Michael Donnelly
Jury Trial Demanded

Linda Clark, Doehner, Lowery, Whiteman, YEAGER
Plaintiffs
Urgent Update: CALL to ACTION for plaintiff being evicted (HERE)

VS.

Lender Processing Services (LPS) 
LPS Default Solutions 
DOCX LLC  (DocX)
Fidelity National Information Services (FNIS)
American Home Mortgage Bank Servicing (AHMSI)
LERNER, SAMPSON & ROTHFUS (LSR)
MANLEY, DEAS KOCHALSKI LLC (MDK)
REIMER, ARNOVITZ, CHERNEK& JEFFREY CO LPA
Defendants

This is a major action and EXPLOSIVE NEWS in the FRAUDclosure battle

The name of this blog is OHIO FRAUDclosure, so we want to stay on target topic!  This IS a major story and a long awaited and much anticipated Class Action lawsuit. The complaint clearly spells out the criminal behaviour of the co-conspiring entities which acted in concert while participating and perpetrating enormous FRAUD in OHIO's foreclosures. 
 Folks - this is much bigger than the State of OHIO and is proof positive that Ohio's top legal warrior and consumer advocate is still Marc Dann! Our former Attorney General along with some powerful legal allies have filed this action on behalf of a proposed class consisting of:

ALL OHIO CITIZENS who were (a) defendants in judicial foreclosure actions {with} first lien mortgages on their homes that were purportedly held by securitization trusts, and that were knowingly initiated and prosecuted by Defendants on behalf of parties that lacked legal standing to do so, and (b) who were damaged by Defendants’ abusive foreclosure practices, including: (i) preparing, executing, and notarizing fraudulent court documents and assignments of mortgages and other property records that were used to initiate and prosecute such foreclosures, and (ii) imposing inflated, unfair, unreasonable and/or fabricated fees for “default management services” (the “Class”) Three (3) categories of defendants {Servicers, Foreclosure document venders, and Foreclosure Mills) acted in concert and conspired in furtherance of the fraudulent scheme to generate enormous profits from default servicing fees by knowingly initiating foreclosure actions on behalf of entities that lacked legal standing to bring such actions.
OHIO FRAUDclosure spoke with attorney Marc Dann, by phone, and there is much more to come.

92 page Class Action Complaint: DOWNLOAD HERE

Sadly, in what appears to be an instant counter action and outrageous and unconscionable retaliatory attack - a 10-day eviction notice was posted on Plaintiff Michael and Laura YEAGER's home only giving them until Friday August 3rd - to move out! The PREDATOR DRONE foreclosure mill law firm (REIMER, ARNOVITZ, CHERNEK& JEFFREY CO LPA ) had filed a writ-of-possession with the Lake County Ohio Sheriff's department. The morally corrupt  bank sponsored attorney - Kristi Pallen* - (kpallen@reimerlaw.com) (330-405-1199) has fought hard to legally block the Yeager's request for a  Stay (of an eviction) and also has refused a supersedeas property bond offer (collateral).

*Kristi Pallen - Previous irresponsible, bank-sponsored, failed action ADMONISHED:

READ HERE: U.S. Bank National Association v. Lenor

*Plaintiff’s counsel, Attorney Kristi Brown, also identified as Attorney Kristi Pallen, filed this matter on behalf of bogus Plaintiff, U.S. Bank National Association.

The Court finds Plaintiff’s counsel (Krisit Brown kna Kristi Pallen) did not follow Local Rule 4.2. filing procedures for service by Certified Mail....and...

The Court strikes all entries pertaining to service and further, the Court finds Plaintiff’s counsel failed to prosecute this matter...and.. Therefore, it is ORDERED this case is dismissed, without prejudice, .....and for Want of Prosecution. It is further ORDERED this case is dismissed as to Willie Grady aka Willie Grady, Jr., and Unknown Spouse, if any, for failure to perfect service within 120 days, according to Fed.R.Civ.P 4.

Plaintiff’s counsel is admonished !!!!! as to Service by Certified Mail.


PREVIOUS BLOG POST on MARC DANN one year ago: (READ HERE)
This great attorney, and former AG, remains active in OHIO while continuing to fight and wage legal battles against the TBTF banks and Predator Drone (Foreclosure Mill) law firms. He continues to be a champion for those fighting violations of their Consumer Rights. Dann twice has taken time out of his busy schedule for phone interviews with OHIO FRAUDclosure. He recently drove two hours to meet with us and share an "inside look" at his busy schedule and planned future legal actions. Many of these actions will have an impact at a national level with possible implications to the ever changing Federal Laws guiding foreclosure judges. Marc Dann has filed Class Actions suits against Servicers for foreclosing on borrowers that were either eligible for or in a HAMP modification. Additionally he filed a "Class Action" suit against a giant OHIO Predator Drone (foreclosure mill) law firm Lerner Sampson Rothfuss (LSR). Unfortunately, the terms of the settlement could not be shared with us, but we've assumed the homeowners were made happy.
Additionally national blogger Martin Andelman (Mandelman Matters) shared this phone interview as an audio podcast (Click Here).

STOP THE EVICTION of the BRIAN BAYLESS FAMILY (OH)

A Bayless family supporter passed along the new "decoration" to Bayless home window

At 9:00am on March 15th US BANK....

...STOLE THIS HOUSE !!!                           

Thursday March 15th - 9:00am - EVICTED - EVICTED - EVICTED

Thur. morning we (the 99%) suffered a defeat to the 1% (US Bank/Wells Fargo). Although there’d been a nationwide outpouring of support by emails, phone calls and faxes (thank you) on behalf of Bayless family, the aged Judge - REFUSED – to listen to attorney Bruce Broyle’s motion to quash (eviction) and instead ordered the sheriff to quickly begin the “set-out” process.

Four sheriff deputies were at the home, assuring the Bayless family (of 7) were “thrown to the curb" (in the pouring rain) from a place they've called home the past13 years.

US Bank/Wells Fargo have bought and paid for favorable decisions ("bank-assisted" crime) from this court and long had this out-of-touch aged Judge - Duncan Whitney  -"in their pocket" for favorable bank decisions. Please call and fax the court (at below numbers) and let this Judge and Court know…that once again.....it has become a crime scene. Whitney strongly believes "blighting" neighborhoods will help bank balance sheets recover with more MLS sales.

"Bank Owned" Judge

W. Duncan Whitney
Delaware County, Oh 43015

CALL: Judge Whitney's Office - 740-833-2530

COURT: (740) 833-2519 or Fax: (740) 833-2529
 EMAIL: "Bank Owned" Judge directly  wdwhitney@co.delaware.oh.us

or "Bank Owned" Court system: http://www.co.delaware.oh.us/court/dwcontact.asp

PLEASE STOP THE EVICTION of BRIAN BAYLESS FAMILY

        THEY ARE COMING AGAIN - EVICTED - PLEASE STOP THIS CRIME

The shocking video was an EVICTION attempt and HAPPENED only 3 months ago
It was excerpted from a few minutes of camera-phone footage taken by terrified homeowner, Brian Bayless, during a harrowing & surprise eviction attempt by Delaware County Sheriffs.
Unfortunately, similar events play-out on a daily basis all across the country. 3,000 evictions & foreclosures EVERY SINGLE DAY. They come at the request of "Predator Drone" foreclosure firms representing phony alphabet-soup trusts. The local authorities and movers descend upon the unsuspecting families. It happens every day and is non-stop. NOW - see and experience the pure terror that occurs ...when they come to evict.WARNING the video footage and accompanying dialogue (and children crying) are real. This is very disturbing video and may not be suitable to watch...unless your devoid of emotion - like LSR attorney Andrew Top
Listen, Witness and Experience the inhumane side of a Predator Drone strike
ordered by LERNER SAMPSON ROTHFUSS (LSR) a foreclosure Mill Piranha

They are coming EVICTED this family - THURSDAY March 15 at 9am unless we stop it!  

PLEASE CONTACT BELOW and ask them to STOP THE BAYLESS EVICTION

Predator Drone Foreclosure Mills (Hired by Wells Fargo Servicing/Eviction Depart.):

Lerner Sampson & Rothfuss LPA (LSR)

RE: Attorney - Andrew “Madman” Top at x4968
or Jessica in evictions

RE: LSR Case Number: 200809509

120 East Fourth Street, 8th Floor, Cincinnati, OH 45202

PHONE: (513) 241-3100   FAX: (513) 241-4094

Email: info@lsrlaw.com

Reference LSR Case Number: 200809509 & Wells Fargo Loan: 7003344

Thompson Hine, LLP

Austin Landing I

10050 Innovation Drive, Suite 400, Dayton, Ohio 45342

PHONE: 937-443-6600     FAX: 937-443- 6635

Attorneys: (Scott King & Terry Posey)

E Mail: Scott.king@thompsonhine.com, Terry.Posey@thompsonhine.com,

Please phone, email and fax above entities. Stand up, Be Heard, Make a difference

Be a DOER Urgent! – Urgent! – Urgent! – Urgent! – Urgent! – Urgent!

TAKE ACTION - TODAY     TAKE ACTION - TODAY
 

Attorney Lynn Szymoniak CBS 60 minutes exposes FRAUD

in Bayless Case

WELLS FARGO: (as Servicer) purportedly acting on Behalf of US BANK (as Trustee)
Robo-Signing continues at Wells Fargo (HERE) 

Send action emails that Reference Name: Bayless  & Wells Fargo Loan: 7003344

To CEO John Stumph: John.G.Stumpf@wellsfargo.com, & Wells Fargo employees

James.M.Strother@wellsfargo.com, Richard.D.Levy@wellsfargo.com, David.A.Hoyt@wellsfargo.com, David.M.Carroll@wellsfargo.com, patricia.r.callahan@wellsfargo.com, kevin.a.rhein@wellsfargo.com, Carrie.L.Tolstedt@wellsfargo.com, AVID.MODJTABAI@wellsfargo.com, BoardCommunications@wellsfargo.com, sharon.cecil@wellsfargo.com, Todd.M.Boothroyd@wellsfargo.com, kovacedm@wellsfargo.com, mark.oman@wellsfargo.com, cara.heiden@wellsfargo.com, denise.erickson@wellsfargo.com, cara.k.heiden@wellsfargo.com, mary.coffin@wellsfargo.com,

Delaware County Ohio Common Pleas Court (Lower Court)

ASK the court to QUASH the WRIT

Delaware, Oh 43015

(740) 833-2519 (Fax)

Judge Whitney's Office - 740-833-2530

Judge Krueger's Office - 740-833-2550

Magistrate Laughlin's Office - 740-833-2565

Magistrate Weithman's Office 740-833-2542

US BANK Corporate Trust for SASCO (Structured Asset Securities Corp) 2005-RF4
SEE ACTION at US Bank CEO's home - MARCH 14th (HERE)

Contact:  Kathleen Sullivan

Email: kathleen.sullivan@usbank.com Phone:  617-603-6467

Other Corporate Trust Contacts:

Contact: Beth Nally   Phone:  617-603-6882  Email:  beth.nally@usbank.com

Jennifer Moynihan    Phone:  617-603-7629  Email:  jennifer.moynihan@usbank.com

Piyusha Shirname     Phone:  617-603-6550  Email:  piyusha.shirname@usbank.com

Paul Gobin                 Phone: 617-603-6630  Email:  paul.gobin@usbank.com

scott.miller6@usbank.com, james.mogavero@usbank.com, arthur.macdonald@usbank.com, patrick.teague@usbank.com, grace.gorka@usbank.com, bob.jones@usbank.com, elizabeth.thuning@usbank.com, toni.shumpert@usbank.com, jill.olson@usbank.com, nancie.arvin@usbank.com, sheryl.christopherson@usbank.com, eve.kaplan@usbank.com, sandra.farrow@usbank.com, cynthia.rose@usbank.com, nick.caramanico@usbank.com, mark.edwards2@usbank.com, lars.anderson@usbank.com, scott.graham1@usbank.com, eric.fischer2@usbank.com, bob.dunn@usbank.com, gregory.jordan@usbank.com, tom.cubitt@usbank.com,

Contact: US SENATOR:
Sherrod Brown

EMAIL the senator - fill our form (HERE)

PHONE: Washington, DC: (202) 224-2315 In Ohio Toll Free: 1-888-896-OHIO (6446) Columbus: (614) 469-2083 or Cincinnati: (513) 684-1021 Cleveland: (216) 522-7272 or Lorain: (440) 242-4100

Ohio Appellate downs DRONE - Lerner Sampson Rothfuss

BREAKING NEWS  

NEW OHIO 5TH APPELLATE COURT DECISION:

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!

NEW OHIO 6TH APPELLATE COURT DECISION:
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)

Wisconsin APPELLATE COURT DECISION:

 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!

ENJOY THE HOLIDAYS ??

                      Enjoy the Holidays..........until.............??????

                          EVICTIONS RESUME JANUARY 3rd

National Blog recognizes: OhioFRAUDclosure (Mandelman Matters - HERE)

A MERSY CHRISTMAS

It will be right after Christmas, and they’ll still take your house
That Predator Drone - Lerner Sampson Rothfuss
Their documents were strung together without care,
Have a missing assignment? LPS will be there!

The attorneys said “We’ve put our problems to bed”
As fraudclosure whistleblowers were turning up dead.
There’s Biden in Delaware, and Martha in Mass.,
Who finally said, “Let’s kick bankster axx!”

There’s Miller in Iowa who’s leading the chatter,
“Millions of foreclosures? Hey, what’s the matter?”
Amnesty for the banks who started this crash,
For a slap on the wrist and a wee bit of cash.

And soon we will see it was all just a show,
They’ll be working on tans with friend Angelo.
“Trash Out” companies break into homes without fear,
It’s a civil matter and the cops won’t appear.

They’ll doctor the proof to steal your home free and clear,
With forged notes backdated five years!
A VP with a short name will do the trick,
Boy! That Linda Green can sure sign ’em quick!

More rapid than a machine she signed her name,
And under deposition the rest of them came.
Sign Linda! Sign Crystal! Christine and Bryan!
Sign Stephan, Sign Hoye, Thomas and Samons!

We’ll pay you more than you can make at the mall,
Now sign away, sign away, sign away all!
You can apply for a loan mod but it surely won’t fly,
You’ll be met with obstacles that reach to the sky!

So short sale your house, sign a deed in lieu,
Or we’ll do what is necessary to take it from you!
In rocket-docket court the homeowner bears the burden of proof,
Ninety seconds to save your home and then it’s gone – poof!

                                               the rest of the holiday poem  (HERE)

Original Poem (without two line edit & embedded links) Courtesy of our friends at 4closurefraud.org

HO, HO, HOmeless!

A SHOCKING "look-back" from  Mandelman Matters

.......A father of three stands in the shadows made by the tree in the front yard of his home of 14 years.  It’s 2:30 AM.  He’s wearing a tee shirt and boxer shorts. The wind is audible and cold.  His eyes fixate on the flower box he built his first year as a homeowner.  His stare moves to the driveway… his driveway… and remembers pitching underhand to his youngest son.  He had thought they would live in this house forever.  He absent-mindedly scratches his chest with the barrel of the .38 Smith & Wesson Super he’s holding in his hand.  He wonders if insurance policies pay off after suicide.

........A mother is on the phone first thing one morning.  She reads my column on-line.  She calls to tell me that her son, 41 years old, hung himself in the basement of his home last night.  She found him yesterday morning.  He had been laid off and out of work for nine months. He tried to convince his bank to modify his mortgage since then.  Went through his savings.  Started spending hers. Her voice shakes.  “Now,” she says, “the bank will finally get what they’ve wanted all along… his house.”