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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Federal Judge Dan Aaron POLSTER, of the Northern District of Ohio (Eastern Division), dismissed nine (9) Ohio judicial foreclosures based upon standing on 14 Nov 2007.  As far as I know, the order of dismissal was UNPUBLISHED.  The cases involved were:

  • Deutsche Bank National Trust Company v. Cook; Filed 7/30/2007; Case No. 1:2007cv02311
  • Deutsche Bank National Trust Company v. Edmonds; Filed 8/1/2007; Case No. 1:2007cv02348
  • Deutsche Bank National Trust Company v. Davis; Filed 8/21/2007; Case No. 1:2007cv02531
  • Deutsche Bank National Trust Company v. Wilson; Filed 10/17/2007; Case No. 1:2007cv03203
  • Option One Mortgage Corporation v. Kalista; Filed 10/24/2007; Case No. 1:2007cv03303
  • Deutsche Bank National Trust Company v. Ford; Filed 10/25/2007; Case No. 1:2007cv03325
  • LaSalle Bank National Association v. Sprouse; Filed 11/9/2007; Case No. 1:2007cv03511
  • Deutsche Bank National Trust Company v. Caldwel; Filed 11/13/2007; Case No. 1:2007cv03544

Please note that Judge POLSTER's decision on 14 Nov 2007 took place the SAME date as Judge Kathleen M. O'MALLEY's decision dismissing thirty-two (32) other foreclosure cases based upon standing.  Judge O'MALLEY's order involved not only MORE cases, but was also more carefully crafted and well documented with precedent and authority.

Though I am happy to share a copy of Judge POLSTER's dismissal order with anyone who desires to read it, the primary significance of the opinion is its implicit identification of yet another Ohio Federal Judge who has clearly embraced the rationale enunciated in Judge BOYKO's October 31, 2007, decision regarding the plaintiff's failure to demonstrate standing prior to the institution of suit.   
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Stephen

Love it.

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