Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Proposition of Law No. 1:

 

The Ohio Constitution, Article I, Sections 1,2,16, and 19 requires the appointment of counsel to indigent defendants in foreclosure cases.

 

Proposition of Law No. 2:

 

Mandamus is the appropriate remedy to require a trail court to appoint couinsel where the Ohio Constitution mandates the appointment of counsel to an indigent party.

 

Links to the above:

Appointment of Counsel in Indigent Foreclosure Cases

      

Link to case documents

 

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Moose
It's a novel approach and could have far reaching effects if the Ohio Supreme Court accepts the idea. At least court-appointed counsel would ensure the foreclosure mills can't just steamroll a borrower who can't possibly afford an attorney.

Moose

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connect the dots
This case could blow the top off the "foreclosure meltdown"!

How can the judges sit as officers of the court and watch a sham proceedings to take someone's home under the color of law? Wouldn't that make the court a player?

Many of the foreclosures are sham proceedings designed to take an investor in china who thinks the whole process is legitimate.

I know Ohio Chief Justice Moyer called for pro-bono assistance to lawyers to defend borrowers......but this is a much better idea.

Let's all encourage the Ohio Court to lead the nation and even the playing field in this, the largest financial fraud in history.
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Ohio
This will be on my watch list.

I don't think it would burden the tax payers to the extent any opposers will try to claim....

If child molesters, drug dealers, and serial killers can exercise their right to court appointed defense counsel because their constitutional right of freedom is at risk then why should a person who also has the constitutional right to acquire and defend their ownership of property not be afforded the same ability to defend. The same right to court appointed counsel.

I fail to see the distinction between one being a criminal matter and the other a civil matter if anyone wants to make that distinction. To draw that line is unfair and hardly what the drafters of the Ohio Constitution intended....HAD that been their intent the distinction would have been included in the language.

My opinion anyway.

This attorney is a trail blazer and I'm all for tax dollars saving homes from wrongful foreclosure.

It's about time someone made an attempt to balance the scales of justice and is more than willing to take it to the Supreme Court. 

I'll be sending my letters of support out today.


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