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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In reviewing pleadings in Montgomery County, OH, foreclosure cases, I came across the case of LaSalle National Bank v Gayle TURNER, Case No. 2007CV9426.  See http://www.clerk.co.montgomery.oh.us/pro/docket.cfm?ocid=4%2F%5E3%2CWHS%3FQL%3F7%5DL%5FY%2E3W%2CTL%3E%277LD%20%0A 

Gayle TURNER, a 68 year old pro se litigant, in Dayton, OH, prepared a remarkably well thought out and lucid handwritten answer and motion for defensive summary judgment which bears reading (see http://www.clerk.co.montgomery.oh.us/pro/image_onbase.cfm?docket=12549305 and http://www.clerk.co.montgomery.oh.us/pro/image_onbase.cfm?docket=12628347 ).

Unfortunately, she seemss not to have understood about the necessity of putting on some sworn summary judgment evidence (affidavits or discovery responses).  She seems to have LOST her defensive summary judgment motion and also now seems to have suffered a decree in foreclosure as a consequnce of the plaintiff's summary judgment motion on 28 Mar 2008.  The plaintiff also filed a precipe for order of sale on 28 May 2008.

The plaintiff is LaSalle Bank, as trustee under the Pooling and Servicing Agreement dated as of December 1, 2006, GSAMP Trust 2006-HE8, acting through Litton Loan Servicing LP, as its attoney in fact.  The plaintiff pled an MERS assignment dated 15 Nov 2007 (http://www.clerk.co.montgomery.oh.us/pro/image_onbase.cfm?docket=12644667), which was executed one week AFTER the commencement of the plaintiff's suit on 08 Nov 2007 (See http://www.clerk.co.montgomery.oh.us/pro/image_onbase.cfm?docket=12436025).  The assignment is shown to have been executed in Hamilton County, OH, by a Shellie HILL, and is notarized by Pamela K. TROXELL.  The assignment was prepared by Lerner, Sampson & Rothfuss, of CIncinnat (Hamilton County), OH, a leading Ohio foreclosure mill.

UNLIKE so many cases where the defendant failed to answer, here the defendant, ANSWERED, questioned the Court's subject matter jurisdiction based upon the failure of the plaintiff to show ownership of the mortgage at the commencement of the suit, but seems not to have had the legal skill or cases at her disposal to make her most effective case.  The defendant also questioned assertion by the plaintiff that the promissory note was lost.

Absent some good discovery and contrary evidence to DENY the loss of the promissory note, this seemed to be a weak defense.  A STRONGER argument would seem to be the UNTIMELY assignment of the mortgage from MERS to LaSalle Bank, NA. 

Does anyone know a good Ohio Legal Aid attorney who might be able to assist this elderly Ohio foreclosure victim??  OR can anyone find an Ohio news reporter who might tell her story?

It is rather tragic to see this elderly Ohio woman put out of her home where the pleadings readily accesible online demonstrate CONCLUSIVELY TO ALL that the plaintiff was NOT THE RECORD OWNER OF THE SUBJECT PROPERTY at the commencement of the suit! 
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mac
Hope this helps, Dayton is becoming a ghost town of empty houses and empty factories.

Legal Aid of Western Ohio
http://www.lawolaw.org   1-866-LAW-OHIO

http://www.mvfairhousing.com
937-222-9671

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mac
Bill,
sorry forgot to post the news information, the three local news stations and contact information is below: 

I have contacted this reporter before, without much luck...imagine that!  He does a local community issues show called WHIO Reports and is the consumer reporter for the local cbs affiliate.  He has done stories on the foreclosure crisis, but not enough and really did not touch on servicing issues.  Perhaps you could ENLIGHTEN him and encourage additional investigation. 
http://www.whiotv.com

WHIO-TV Channel 7 Jim Otte Reporter (937) 259-2184 ext.0000 (937) 259-2005 jim.otte@cox.com


the other local news stations are:

http://www.wdtn.com
Kennan Oliphant gives you the straight facts about consumer-related news and investigations. Weekdays at 5:00PM and 5:30PM. If you need Kennan's help you can e-mail him at turnto2@wdtn.com. Please include your name and a daytime phone number where you can be reached and keep your e-mail letter to less than 100 words. Also be sure to fill in the subject line.

****I could not locate any consumer information on the station below, but I included the contact informatin anyway.

http://www.wkef22.com
Mailing Address
ABC22/FOX45
45 Broadcast Plaza
Dayton, Ohio 45408
Phone & Fax Numbers
Phone: 937.263.4500
Fax: 937.268.5265

and the main local newspaper:
http://www.daytondailynews.com

I hope this victim finds the help she needs to save her house!




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PB
She needs to raise lack of jurisdiction again - written Motion or verbal Motion while a court reporter is there. If she can, or a relative or friend, search all over the net checking about lack of jurisdiction, elements of, other cases/case history,   That is her salvation.



PB

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I am involved in a similar case and have spent days/weeks searching through Mont. Co. Records looking at cases and mostly, after reviewing about 400 files, people are just walking away and that's sad. BUT, also, mostly, the cases I have seen that were answered by an Attorney, were only First Answers and there the help ends.  So I am stuck spending 10-12 hrs a day 6 days a week trying to Plead my own case. If there's anyone out there that can and will actually help, I'd really like to find them. I have compiled a HUGE database of related articles & information, but my lack of Court Experience/Rules & Regulations  (I believe) is working against me and I built this house with my own 2 hands and now to lose it, I have no where else TO go.  My case is 2008 CV 01936 and I would really appreciate any and all replies. My email is yotraj@yahoo.com  Thanks!
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What kind of case is it?  State or federal!
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It's a foreclosure case. Here it is... http://www.clerk.co.montgomery.oh.us/pro/
type in case # 2008 CV 01936 and view the "printer friendly docket" to see it.  I'm, I guess, what could be called a Legally challenged person as I just don't understand enough or have the real desire to WANT to understand our tortuous Legal system. It took me about 2 weeks just to write the Answers and that's not just putting it off, that's finding out what an "Answer" is and then discovering the necessary "wording/phrasing" and formatting and I know that it isn't all inclusive, but I was running out of time. So far I've tried to do the best I can. Any replies/advice would be really appreciated.
John R.

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John,

I reviewed the information. I thought your write up was good. Heck of a thing between the John L and John A ...Looks like trial is set for in Sept...Looks like the initial complaint you did was approved by judge...Meaning that he saw things to your side of the light...This is always a good thing....Wish I knew how to help more...There are other cases where they've been sued though...
and the Plantiff has won...(By the way I like the style of complaint you did) Mine is different. But I think they both get the same point across.

GOOD LUCK,

K
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Been There

Ksu wrote:

...Looks like the initial complaint you did was approved by judge...Meaning that he saw things to your side of the light...



Could you please clarify this statement? I'm not understanding how you came about this conclusion.

Thank you!
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