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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
MSFraud Admin
This case (also linked on the MSFraud homepage), is very significant, as the appellate court addresses the standing issue, stating:

"[a] bank that was not the mortgagee when suit was filed cannot cure its lack of standing by subsequently obtaining an interest in the mortgage."

"Thus, WFB lacked standing to bring a foreclosure action against Jordan. As such, the trial court erred in granting summary judgment in favor of WFB because WFB was not entitled to judgment as a matter of law. We sustain Jordan's first assignment of error, reverse summary judgment, and order the trial court to dismiss the complaint [**13] without prejudice." (emphasis added by MSF)

Wells Fargo v. Jordan

Quote 0 0
The Equitable One
That is very good news.

I've a friend in Ohio fighting the good fight and this will be extremely useful for him.

I'm also fighting the fight, and am preparing my own appeal on the same issue. Reading over the case files and documents should be beneficial to me even though I'm in another jurisdiction.
Quote 0 0
O -

Cool!

Quote 0 0
Sara
This is wonderful news!!!!

S
Quote 0 0
MSFraud Admin
The news gets even better!

Yesterday, we received the following Ohio decision referencing the decision: Wells Fargo Bank v. Jordan, 2009 OHIO 1092 (8TH DIST. CT. APP., MAR.12, 2009) we put up yesterday.

Quote 0 0
I agree these two cases are REALLY important.

In Countrywide v. Pearl the Magistrate on 3-26-2009, in ruling against Countrywide, cited Wellsfargo v. Jordan, which had been decided on 3-12-2009, just 14 days prior!  Obviously the Jordan decision is going to carry a lot of weight at least on Ohio.

I would expect 'Jordan' to at least be cited in a Request for Judicial Notice in other jurisdictions.
Quote 0 0
Wells Fargo
 
Quote 0 0
An Ohio Observer
For ease in locating this decision and as a finding aid for those using search engines to reach this page, the case is:

Wells Fargo Bank, N.A. v. Jordan, No. 91675, COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, 2009 Ohio 1092; 2009 Ohio App. LEXIS 881, March 12, 2009, Released.

Key words:  standing, summary judgment, mortgage, appealable order, foreclosure, assignments of error, entitled to judgment, real party in interest, matter of law, nonmoving party, counterclaim
Quote 0 0
Update in RE Countrywide v Pearl....

CASE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO COMPLY WITH COURT ORDER DOCKETED 03/27/2009. COURT COST ASSESSED TO THE PLAINTIFF(S).

This was straight from the Judge in Cuyahoga County Common Pleas Court, not the Court of Appeals like Jordan. Good news indeed!
Quote 0 0
William A. Roper, Jr.
The Google Scholar version of the Wells Fargo Bank, N.A. v. Jordan decision can be found at:

http://scholar.google.com/scholar_case?case=1340268357153930112


This decision was cited within the recent decision Deutsche Bank Nat'l Trust Co. v. Triplett.
 
See:

 

"Ohio Court Reaffirms Standing Rule of Jordan and Duvall in Deutsche Bank Nat. Trust Co v. Triplett" (02/06/2011 at 05:34 AM)

http://ssgoldstar.websitetoolbox.com/post?id=5080005

 
 
Quote 0 0
Write a reply...