Former Ohio AG - 6 month license suspension

Ohio Supreme Court upholds suspension

Former Ohio Attorney General loses appeal, and has license suspended for 6 months
Former Ohio Attorney General Marc Dann
The Ohio Supreme Court announced a decision in a long dragged out process to punish the former state attorney general  - Marc Dann. The punishment will simply be a six-month law license suspension. This action, in part, is for a 2009 conviction in which he was charged with mishandling campaign funds for personal uses. The crimes were misdemeanors and Dann has since paid a $1,000 fine and completed 500 hours of community service.

Marc Dann, a true hero to homeowners fighting fraudulent foreclosures, resigned his attorney general post in 2008 after a turbulent 17 months in office.  He has been working, as a private practice attorney, in an office located in Cleveland. Although we expect the negative media to be on full display, Marc Dann is a great leader, lawyer, and consumer advocate. We look forward to his return.

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

For some time Dann has continued with a legal effort to fight the somewhat lengthy suspension. Dann had clearly "paid-his-debt" to society with long and continued efforts of pro-bono work. Dann's legal team had asked the Supreme Court of Ohio for leniency from a suspension recommended by the State Attorney Disciplinary Board. The disciplinary board of commissioners (on Grievances and Discipline) surprisingly sought to override a decision reached by The Office of Disciplinary Counsel. The Disciplinary Counsel, which acts as prosecutor in attorney discipline cases, had initially recommended a stayed six-month suspension that would have allowed Dann to continue his work in private practice. But it was overruled by the state Attorney Disciplinary Board, which after much wrangling (politically motivated?) recommended a flat six-month suspension. Today's decision from the Supreme Court has upheld the six-month suspension.

Dann's Cleveland law firm, issued a statement through Attorney Grace Doberdruk: "We have received notice that the Supreme Court has chosen to suspend our partner, Marc Dann, for six months.  The suspension is the culmination of proceedings against Marc that began in 2008.  While we are saddened by the Supreme Court’s decision, we respect it. Doberdruk & Harshman Law Office will continue to stand up to banks and big business in the interests of homeowners, consumers, working people and small businesses.  We are proud of the work that we do to protect the rights of the hard working people we count among our clients and will continue to wage the battle against foreclosure.

Additionally, Doberdruk & Harshman issued the following: "We have been upfront with all of our clients about the possibility of such a decision, disclosing the pending complaint in our client agreements and providing email, letter and blog updates on the matter," {and} "We are confident in our ability to continue to successfully represent our clients."
The law firm will remove Dann's name during the suspension, and will be known as:
Doberdruk & Harshman Law Office
4600 Prospect
Cleveland OH  44103

Today, in rejecting Dann’s argument for a stayed license suspension, the court wrote:

“Like judges, the attorney general has a heightened duty to the public by virtue of his elected office. As the chief law officer for the state, the attorney general is charged with providing legal representation and advice to all officers, boards, heads of departments, and institutions of this state,”

 “While we recognize that Dann has offered substantial mitigating evidence, we note that he has previously been disciplined by this court,.....{and} He also engaged in this unlawful conduct while serving as the state’s chief legal officer and one of the most recognizable attorneys in this state.”

“For that reason, the work of the attorney general touches upon virtually all areas of our state government....“Thus, Dann’s criminal and ethical violations reflect poorly on his fitness to practice law and the legal profession as a whole, but also cause incalculable harm to the public perception of the attorney general’s office and those government agencies, departments, and institutions that the attorney general advises and represents.”

Slip Opinion: Disciplinary Counsel v. Dann, No. 2012-Ohio-5337 (HERE)

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).

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!

MERS on Life Support - legal rasping - Death is near

MERS legal department: "DEATH RATTLE" & "RASPING" has begun as
MERS CORP. CEO prepares a "DNR" order (See picture below)
GOVERNMENT entities* said to assist patient (MERS) with dying wish
                              DNR = Do Not Resuscitate

*DELAWARE = Attorney General Beau Biden SUES MERS (see above video)

Read the press release announcing the lawsuit 

Download a MERS Fact Sheet
Read the complaint

What is MERS? **
Who is MERS CORP? **

Mortgage

Eliminator

Rip-off

System     

          of

Corrupt

Officers &

Repugnant

People

OUR WHOLLY OWNED & MONEY MAKING rip-ff SUBSIDIARY

Money

Enrichment &

Reward

System  
**Any similarity of acronym or name(s)... to a real business... is purely coincidental

MERS CORP. CEO signing patient (MERS) -  Do Not Resuscitate order

* Federal Government entities prepare for the disconnection of MERS "life support"
while individual STATES* (below) respect the "DNR" request for NO "heroic efforts"
(Translation: NO FEDERAL money or bail-outs - NO settlement $$$ with state AG's)

County Recorders vs. the MERS Machine

Deed keepers say they’ve lost millions to the mortgage industry

*PENNSYLVANIA:  Montgomery County Recorder of Deeds Nancy Becker
Recorders generally don’t make headlines, but Becker’s public protests did. (See Below). She says she was thrilled when she received a flood of “You go, girl!” e-mails cheering her on. The mini-movement’s main champions are John L. O’Brien, keeper of land records in Salem, Mass., and Jeff L. Thigpen, the register of deeds in Greensboro, N.C. In April they asked Iowa Attorney General Tom Miller, who heads a group that’s negotiating with banks over wrongful foreclosures, to press for reform. When O’Brien’s and Thigpen’s letter to Miller made national news, the men began teaching other recorders how to get what they say they’re due.
Counties in Kentucky, Ohio, Oklahoma, and Texas have filed suit for back fees. In one of the largest cases, Dallas County sued MERS in October, saying the company owes it as much as $100 million. (Read the full Bloomberg Businessweek story HERE)

Montgomery County Recorder of Deeds Nancy Becker is urging registers of deeds across state and the country to withdraw public money from any banks affiliated with the Mortgage Electronic Registry System (MERS), which she claims is undermining the practice of accurate land recording.

"In recent years, mortgages have been assigned and reassigned multiple times, and when a bank or other entity doesn’t properly report these transfers, it makes it very difficult for homeowners to determine who holds their mortgages. It clouds the chain of title, and it’s prohibiting (officials) from recording revenues they should be recording," Becker said.

Since 2004, she estimates the county has lost $15 million in fees from 139,798 mortgages recorded via the MERS system - which fails to reflect assignments

*MICHIGAN = University Law Professor slams MERS in AMICI brief  (Thanks Hamlet)
*NEW YORK = Attorney General subpoenas the MERS bogus spreadsheet registry
*OHIO = A small rural county (Geauga) prosecuting attorney SUES MERS
                  or the CrainsCleveland article also....
                  "MERS has trouble, right there in OHIO, with a capital 'T' "
Great read (above) by national blogger Martin Andelman w/quotes from Marc Dann
....“This case asks court very directly whether the MERS system complies with state law.  If it doesn’t then I’m going to go back and reopen all of the foreclosures alleging that the transfers were invalid,” says Dann without hesitation
*ARKANSAS = Hot Springs County Clerk sues MERS for TAX EVASION 
*FLORIDA = Florida Clerk of Court Sues MERS (HERE)
Oct 31st: Jim Fuller, clerk of Duval County, filed suit against Merscorp Inc. and its wholly owned subsidiary, Mortgage Electronic Registration Systems, Inc., claiming civil conspiracy, unjust enrichment, as well as FRAUDulent and negligent misrepresentation. The suit also seeks a hearing to determine the validity of tracking note transfers on the MERS System and a court injunction to prohibit the use of MERS in Florida.
“MERS has usurped the rights and privileges of the Florida Clerks of Court by establishing, maintaining and inducing lenders to use its private recording system, which unlawfully interferes and competes with the public recording system,” the suit, filed in state circuit court, reads.
*TEXAS = Dallas County District Attorney Craig Watkins SUES MERS
also see MERS bogus robo-signed recorded then rescinded "release of lien"
(11-1)update from friend Housing Doom - Dallas DA expands MERS SUIT to CLASS ACTION!
   El PASO - NEWSChannel 9 - great six minute story/report (VIDEO HERE)
Texas Attorney Richard Roman: "MERS has...single-handedly taken the American dream of home ownership and turned it into a nightmare,”
*MASSACHUSETTS = Recorder (Hero!) John O'Brien Sues MERS for $22 Million
Click here to read the Press Release
On March  7: NBC News Reports: Counties Seek Millions From Mortgage Giant. 
Click here to read the story
On February 23: MERS may owe Commonwealth $200 million. 
Click here to read the Mass Lawyers Weekly article from 2/23/11  
*KENTUCKY - County Clerks v. Mortgage Electronic Registration System(MERS)
* NORTH CAROLINA:  Register seeks 1.3 MILLION from MERS in
"Lost Revenue" from FAILED unrecorded or bogus robo-signed assignment

REGISTER OF DEEDS JEFF THIGPEN REFUSES TO ALLOW MERS CRIME SCENE

*TENNESSEE = vs MERS (SCRIBD DOC)

MERS most famous employee (LPS "Robo-signer") "I'm LINDA GREEN" (All 3 of her!)

WHAT? Are you Serious? Certainly all three Linda's are in Jail......Right? NO ?
Oh-nothing illegal-just some everyday Forgery, Fraud, & Corporate Money Laundering

NYE LAVELLE - Letter (about MERS Fraud) to all 50 Attorney Generals

OHIO Leaders shaping national FRAUDclosure landscape

OHIO leaders (past and present) continue to shape the FRAUDclosure landscape.
These Powerful and Influential Leaders bring homeowners.....  
GOOD NEWS FROM OHIO:
2 former OHIO Attorney Generals continue "The Fight" on behalf of Homeowners
1 OHIO Senator and 1 OHIO Congresswoman introduce ground breaking legislation

Richard Cordray and Marc Dann
From January 2007 - January 2011 Ohioans benefited from the strength of these two legal giants. Collectively they fought, sued, and/or won settlements against sub-prime and predatory lenders, Bank of America, AIG, loan modification firms, and credit card companies.

RICHARD CORDRAY:

After losing a re-election bid in November 2010 to a "throw out the Democrats" voting mentality, President Obama and Elizabeth Warren jumped at the opportunity to have Cordray lead the enforcement arm of the new Consumer Financial Protection Bureau (CFPB). In a Wall Street Journal interview, Cordray described the new position as "..in many ways doing on a 50 state basis, the things I cared most about as a state attorney general, with a more robust and more comprehensive authority." Just prior to leaving as Ohio's Attorney General he sued GMAC Mortgage LLC and its corporate parent, Ally Financial Inc., accusing them of using FRAUDulent affidavits in Ohio foreclosure filings and court cases.
Now - GOOD NEWS for OHIO and AMERICAN HOMEOWNERS
OBAMA PICKS CORDRAY to head Consumer Financial Protection Bureau (CFPB)

The ESOP BLOG: Cordray a Smart and Fair Choice....“Just because you’re a bank doesn’t mean he’s coming after you.  He’s not looking to get you on a technicality.  He’s not an ideologue.  But if you rip off consumers, he will come after you and he’ll be tough.  He’s about justice" said Mark Seifert the Director of ESOP (Read the story HERE)

SHERROD BROWN:

Senator Brown, a Democrat from Ohio said he fully expects the state’s "other" senator Rob Portman, (a Republican) will support Cordray's nomination.

“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



SHERROD BROWN introduced the  Homeowner Abuse Prevention Act of 2011

MARC DANN:

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).


MARCY KAPTUR:

This brave OHIO congresswoman continues to fight for homeowners and recently (July 8th) introduced  and submitted HOUSE RESOLUTION 344 to the House Financial Services Committee. The resolution calls on President Obama to declare "a national residential mortgage foreclosure emergency" and encourages individual states - to enact the moratorium.

Please contact a member of the committee and ask they support this Important action!

OHIO Contacts below:

James B. Renacci, OH

Steve Stivers, OH