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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A very recent ruling by an Ohio Appellate Court for the 10th District seems to suggest that Ohio Courts are beginning to re-examine "real party in interest" in the wake of the DOWD, BOYKO, ROSE, O'MALLEY and GWIN Federal Court foreclosure dismissals:
Everhome Mortg. Co. v. Rowland, No. 07AP-615, COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, 2008 Ohio 1282; 2008 Ohio App. LEXIS 1103, March 20, 2008, Rendered.
The full text of the Everhome decision may be found online at:

http://www.sconet.state.oh.us/rod/docs/pdf/10/2008/2008-ohio-1282.pdf

This ruling and other recent appellate decisions are also available for free at the LexisOne website at http://www.lexisone.com .

This case merely reverses a wrongly decided summary judgment in favor of the plaintiff, but it would seem to reflect a new appreciation by Ohio appellate courts that neogiation and/or delivery of the promissory note and assignment of the mortgage to the plaintiff must be PROVEN where the instruments are in favor of another entity.  Duh!

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I think this is at least a start. Glad to see anything being done!

TY for posting this kind of info.
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Amongst the Ohio cases cited within and in support of Everhome were:
Wash. Mut. Bank, F.A. v. Green, CASE NO. 03 MA 106 , COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, MAHONING COUNTY, 156 Ohio App. 3d 461; 2004 Ohio 1555; 806 N.E.2d 604; 2004 Ohio App. LEXIS 1403, March 17, 2004, Decided.  [Webcite 2004-Ohio-1555]
http://www.sconet.state.oh.us/rod/docs/pdf/7/2004/2004-ohio-6371.pdf 


First Union Nat'l Bank v. Hufford, CASE NUMBER 2-01-07, COURT OF APPEALS OF OHIO, THIRD APPELLATE DISTRICT, AUGLAIZE COUNTY, 146 Ohio App. 3d 673; 2001 Ohio 2271; 767 N.E.2d 1206; 2001 Ohio App. LEXIS 4312, September 25, 2001, Date of Judgment Entry.  [Webcite 2001-Ohio-2271 ]
http://www.sconet.state.oh.us/rod/docs/pdf/3/2001/2001-ohio-2271.pdf
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I thought this case looked familiar....same one I posted here about a month ago

http://www.websitetoolbox.com/tool/post/ssgoldstar/vpost?id=2585306


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Thanks Mr. Roper for reposting this.....as I read the case again and did some further digging (see new thread regarding the assignment document) I have found other things quite bothersome in the way this case was handled...............

1) A copy of the note and mortgage was never attached to the complaint when filed.

2) Judge David Cain allowed the plaintiff to foreclose without the required documentation. Documents specifically stated in the affidavit as attached to and a part of the complaint but obviously missing

3) the belated assignment was not introduced into the record until the appeal only to be ruled inadmissible by the appellate court. At least SOMEONE wearing a judge's robe in Ohio is awake!

This case is hard to distinguish between plain laziness and apathy on the part of the attorney AND JUDGE or a sequel to dumb and dumber.......

Shame on you Judge Cain....you sir are a PART of the problem in Ohio state courts! Are you fit to sit on the bench when you can not even take the time to establish the rules of court have even been attempted to be followed????

ESPECIALLY WHEN THE DEFENDANT BROUGHT THE MATTER TO THE COURTS ATTENTION AND SPECIFICALLY STATED SO AS AN AFFIRMATIVE DEFENSE IN HIS ANSWER!! Judge Cain chose to completely ignore and disregard a genuine material fact.

What is the point of having rules of court if lazy assed judges are just going to ignore them and allow these slack-jawed attorneys to run the damn justice system the way they see fit!!

If anyone wants to write to this inept example of Ohio jurisprudence here is his address:

David E. Cain
COURTROOM 7D
369 SOUTH HIGH STREET
7TH FLOOR
COLUMBUS, OH 43215
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