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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Sorry if I sound dumb, but I need to know what a "Non-Oral" Hearing means?
After all parties have anwered. A Non-oral hearing has been set.
What happens at this hearing?
Thanks
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I am NOT acquainted with Ohio law, but in Texas under local Rules some matters are heard by "submission".  In Texas, a hearing by "submission" means that a particular motion or matter is determined WITHOUT ORAL HEARING based upon the pleadings and the evidence submitted with the pleadings or in supplement thereto.  This evidence would presumably be properly admitted sworn instruments, affidavits and discovery responses.  This would be more common for motions.  There is a Constitutional right to a jury trial in Texas as to matters of fact.

This would be the same evidentiary approach typically taken in a summary judgment proceeding, where matters are routine decided based solely on written evidence such as affidavits and discovery responses.

It is NOT unusual in an appellate setting in many states for cases to be determined without oral hearing, based solely upon briefs submitted and the certified record of the court below.

The core PROBLEM for you if this IS, in fact, the case is that you will need to make sure that you have (a) pleaded your defensive case with sufficient particularity IN WRITING and (b) attached suitable evidence by affidavit or discovery response.

If your discovery is NOT YET COMPLETE, then it would seem that you would have a very valid basis for a continuance.

I HAVE SAID REPEATEDLY IN THIS FORUM THAT ANY PROSPECT OF SUCCESS IS TOTALLY DEPENDENT UPON GETTING GOOD EFFECTIVE DISCOVERY UNDERWAY.  IF YOU DIDN'T EVER SERVE ANY DISCOVERY REQUESTS, YOU WILL HAVE SOME DIFFICULTY ARGUING THAT THIS HEARING SHOULD BE DELAYED.  A CONTINUANCE BASED UPON OUTSTANDING DISCOVERY MAY BE VIABLE.  WHERE YOU HAVEN'T BOTHERED, YOU ARE LIKELY TO HAVE PROBLEMS.

I have answered generally without reading the Ohio Rules of Civil Procedure.  This is where you should look for an answer:

http://www.sconet.state.oh.us/Rules/civil/CivilProcedure.pdf


UNLESS YOU ARE REALLY, REALLY SMART, HAVE A LOT OF TIME ON YOUR HANDS AND MORE THAN A PASSING ACQUAINTANCE WITH THE LAW, YOU SHOULD GET COMPETENT LEGAL COUNSEL WITH EXPERTISE IN THIS AREA OF THE LAW. 

P.S. -- Check your state Constitution, Code and Rules as to your rights to a jury trial.  But bear in mind that even if you have this RIGHT, if you didn't REQUEST a jury trial and pay the necessary jury fees, you will have WAIVED that right and your matter will be decided solely by the judge.
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A Friend
Who is the firm handling the FC? If it is a FC mill law firm, you have a very hard road ahead.

GOOD LUCK!
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If you have your case organized, you know your facts, have all of the evidence you need, and a big plus would be to have a good attorney, you can beat a foreclosure mill. The biggest factor in a Mortgage Servicing Fraud case, after having the evidence you need, is having the stamina to see the case through. After that, you just have to put on a catcher's mitt, and field all of the lies, misdirection, and mountain of paperwork that's going to be thrown at you.

Stick to your story and don't try to play their game. And maybe even throw an interview with the local media in there somewhere just for good measure.
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