Conflict | FORECLOSURE FRAUD | by DinSFLA

Tag Archive | "conflict"

The Ohio Supreme Court is taking up the question of what a bank needs to prove to force someone from his home

The Ohio Supreme Court is taking up the question of what a bank needs to prove to force someone from his home


To preview the case check out OHIO APPEALS COURT AFFIRMS “NO STANDING TO FORECLOSE” U.S. BANK v. DUVALL

Be sure to listen to audio for the latest SURPRISING TWIST!

WKSU-

The Ohio Supreme Court is getting ready to take on what some are calling the biggest issue in state foreclosure law in a century. The question before the justices is what paperwork does a lender need to force an owner out of his home? For Ohio Public Radio, WCPN’s Mhari Saito reports that what the state’s justices decide could have huge implications for the financial services industry.

[WKSU]

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Facing criticism, MERS cuts role in foreclosures

Facing criticism, MERS cuts role in foreclosures


(Reuters) -

MERS, the electronic mortgage registry that faces multiple investigations for its role in thousands of problematic foreclosure cases, changed its rules to lower its profile in court-supervised foreclosures.

MERS, a unit of Merscorp Inc. of Reston, Virginia, owns the computerized registry, Mortgage Electronic Registration Systems. Mortgage loan giants Fannie Mae and Freddie Mac and several of the largest U.S. banks established MERS in 1995 to circumvent the costly and cumbersome process of transferring ownership of mortgages and recording the changes with county clerks.

In rule changes announced to MERS members on July 21, the company forbade members to file any more foreclosure actions in MERS’s name.

It also required mortgage servicers to obtain mortgage assignments and record them with county clerks before beginning foreclosures.

[REUTERS]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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MUST READ | Ohio Supreme Court Reviews Order Certifying Conflict Exists “Owner AND Holder”

MUST READ | Ohio Supreme Court Reviews Order Certifying Conflict Exists “Owner AND Holder”


Read this below first to understand the Supreme Court:

[CLICK LINK] to OHIO APPEALS COURT AFFIRMS “NO STANDING TO FORECLOSE” U.S. BANK v. DUVALL

U.S. Bank National Assoc.
v.
Antoine Duvall et al.

This cause is pending before the Court on the certification of a conflict by the Court of Appeals for Cuyahoga County. On review of the order certifying a conflict, it is determined that a conflict exists. The parties are to brief the issue stated in the court of appeals’ Judgment Entry filed January 31, 2011, as follows:

“To have standing as a plaintiff in a mortgage foreclosure action, must a party show that it owned the note and the mortgage when the complaint was filed?”

It is ordered by the Court that the Clerk shall issue an order for the transmittal of the record from the Court of Appeals for Cuyahoga County.

(Cuyahoga County Court of Appeals; No. 94174)

Maureen O’Connor
Chief Justice

Case Announcements:

The conflict cases are U.S. Bank, N.A. v. Bayless, Delaware App. No. 09
CAE 01 004, 2009-Ohio-6115, U.S. Bank, N.A. v. Marcino, 181 Ohio App.3d 328,
2009-Ohio-1178, Bank of New York v. Stuart, Lorain App. No. 06CA008953,
2007-Ohio-1483, and Countrywide Home Loan Servicing, L.P. v. Thomas, Franklin
App. No. 09AP-819, 2010-Ohio-3018.

[ipaper docId=54183196 access_key=key-kd5q57ekt9vnojcm3yd height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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