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Ohio Supreme Court Oral Arguments: Federal Home Loan Mortgage Corp. v. Duane Schwartzwald et al.

Ohio Supreme Court Oral Arguments: Federal Home Loan Mortgage Corp. v. Duane Schwartzwald et al.


How can you commence an action if you don’t have the proof you’re entitled to to enforce the action in the first place?

Must Lender Have Current Ownership Interest in Promissory Note or Mortgage at the Time Foreclosure Action Is Filed?

Or May Lack of Standing Be ‘Cured’ Through Mortgage Assignment Before Judgment?

Federal Home Loan Mortgage Corp. v. Duane Schwartzwald et al., Case nos. 2011-1201 and 2011-1362
Second District Court of Appeals (Greene County)

ISSUE: If a party files a lawsuit to foreclose on a mortgage and it is later shown that party did not have a current ownership interest in the mortgage or the underlying promissory note on the date the foreclosure action was filed, is the court required to dismiss the suit based on the plaintiff’s lack of standing to bring it? Or may the plaintiff “cure” a defect in standing or in naming the actual party in interest under Civil Rule 17(A) by obtaining an assignment of the mortgage prior to the court’s entry of a judgment in the case?

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Notice of Oral Argument on 4/4/12: Freddie Mac v. SCHWARTZWALD – Ohio Supreme Court

Notice of Oral Argument on 4/4/12: Freddie Mac v. SCHWARTZWALD – Ohio Supreme Court


H/T B. Behrens

The Supreme Court of Ohio

Federal Home Loan Mortgage Corp

v.

Duane Schwartzwald et al.

The Supreme Court of Ohio will hold an oral argument on the merits in this case on Wednesday, April 04, 2012. Time allowed for oral argument will be 15 minutes per
side.

[ipaper docId=82147561 access_key=key-oaw4nbp66kdwp9azyrt height=600 width=600 /]

 

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



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The standing issue is back before the Ohio Supreme Court. Fed. National Mtge. Corp. v. Schwartzwald

The standing issue is back before the Ohio Supreme Court. Fed. National Mtge. Corp. v. Schwartzwald


H/T Andrew E.

A motion to reconsider asking the Court to reconsider its dismissal of Duvall as moot has been filed.

[ipaper docId=67744586 access_key=key-1zjijm1192wxxwfx47k5 height=600 width=600 /]

 

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



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