PHH MORTGAGE v. ALBUS | Ohio Appeals Court Reverses “Tracy Johnson Affidavit, Illegible Loan History Statment, No Certificate of Service” - FORECLOSURE FRAUD

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PHH MORTGAGE v. ALBUS | Ohio Appeals Court Reverses “Tracy Johnson Affidavit, Illegible Loan History Statment, No Certificate of Service”

PHH MORTGAGE v. ALBUS | Ohio Appeals Court Reverses “Tracy Johnson Affidavit, Illegible Loan History Statment, No Certificate of Service”

STATE OF OHIO, MONROE COUNTY
IN THE COURT OF APPEALS
SEVENTH DISTRICT

PHH MORTGAGE CORPORATION fka
CENTURY 21 MORTGAGE

vs.

MARIA S. ALBUS, et al

EXCERPT:

{6} Appellee also filed the affidavit of Tracy Johnson, the loan supervisor assigned to Appellant’s account. According to the affidavit, Appellant defaulted on the note and Appellee exercised the acceleration option contained in the note. (Johnson Aff., ¶4-5.) Johnson avers that an unpaid principal balance exists in the amount of $56,874.74, with interest to accrue at the rate of 8.308% per annum from November 1, 2006, “plus sums advanced by Plaintiff pursuant to the terms of the Mortgage Deed for real estate taxes, hazard insurance premiums and property protection* * *.” (Johnson Aff., ¶5.) An illegible loan history statement is attached to the affidavit, as well as a customer activity statement and a loan activity statement. No certificate of service is included in the record with the document.

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