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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William A. Roper, Jr.
The Ohio Court of Appeals for the Fifth Appellate District gives us additional instruction as to the critical role of the transcript of the lower court's hearing or trial when appealing an adverse decision.  Again, this is not a decision to celebrate or to trumpet.  Nor is the decision groundbreaking in any way.  It is merely another appellate loss for a borrower who has seemingly made a careless mistake in the appeal.

The merits of the underlying case are not really even discussed or reached.  The borrower loses on appeal by simply failing to follow the appellate rules.  In this instance, the infraction is failure to obtain and file a transcript of the hearing in the undelying proceeding in the trial court which was subject of the appeal.

The case is:
HSBC Mortgage Services, Inc. v. Abbott, Case No. 10-CA-129, 2011-Ohio-3032 (OH App. 5th Dist., June 20, 2011)
For borrowers facing an appeal, even when represented by someone you perceive to be a competent attorney:
Read the Appellate Rules
Read the Cases on the Appellate Rules
Read the Appellate Rules AGAIN
Obtian and review over ALL of the filings of you attorney in the appeal to VERIFY that you are complying with the Rules
Bear in mind that unless you hired an experienced appellate attorney, YOUR ATTORNEY MIGHT BE LITIGATING HIS OR HER FIRST APPELLATE CASE!

Comments by others are solicited, encouraged and appreciated!
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