Ohio Appeals Court: Homeowners Can Challenge Transfers of Loans and Loan Documents

For more information please call 954-495-9867 or 520-405-1688

This article presents persuasive but not binding decisions reported in the State of Ohio. Seek legal counsel before making any decisions or taking any actions.

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http://stopforeclosurefraud.com/2015/12/06/u-s-bank-v-george-oh-appeals-ct-to-disregard-the-contradicting-copies-of-the-note-without-proper-authentication-of-current-documentation-and-explanation-of-the-discrepancies-would-be-unjust/

In an appellate decision echoing Judge Boyco’s decisions from many years ago, the appellate court in Ohio has expressed outright what we have have been advancing on these pages since 2007. The paperwork is not presumptively valid and by now the banks have essentially proven, as in this case, that they cannot be trusted to present anything other than fabricated instruments.

The presumptions relied upon by the banks is that even if the documents were altered or forged, the borrower had no right to challenge the procedure, the actors or the documents. This decision explicitly states that such an approach is inherently defective and even reversed its own prior decisions.

Here are some quotes from the decision:

Appellants argue that different copies of the note—the first attached to the complaint and amended complaint, and the second attached to the motion for summary judgment—present genuine issues of material fact to preclude summary judgment. We find this point to be well-taken, and we depart from the conclusion of the trial court.

We thus extend our holding in Pasqualone to clarify that standing broadly exists for persons to challenge the validity of the transfer of a note or assignment of the mortgage, whether or not in privity with the person entitled to enforce the note or mortgage, regardless of whether or not the note has been negotiated and transferred under R.C. Chapter 13, Ohio’s codification of the Uniform Commercial Code.

{¶ 26} ” ‘ “Where the party does not rely on any specific statute authorizing invocation of the judicial process, the question of standing depends on whether the party has alleged * * * a ‘personal stake in the outcome of the controversy.’ ” ‘ ” Schwartzwald at ¶ 21, quoting Cleveland v. Shaker Hts., 30 Ohio St.3d 49, 51 (1987), quoting Middletown v. Ferguson, 25 Ohio St.3d 71, 75 (1986), quoting Sierra Club v. Morton, 405 U.S. 727, 731-32 (1972), quoting Baker v. Carr, 369 U.S. 186, 204 (1962). The maker of a note or mortgagor who is facing enforcement at law on the note or enforcement in equity on the mortgage has a personal stake in challenging whether a person claiming to be entitled to enforce such a note or a mortgage has been duly transferred or assigned rights under either or both instruments, regardless of whether or not the challenger is in privity with the person claiming the right to enforce.

we clarify governing case law and overrule our previous holding in Locke, fully restoring the burden placed on the person asserting entitlement to enforce the note or mortgage. Accordingly, the maker of the note or mortgage has standing to challenge their enforcement against the maker, even if not a party in privity to the particular transfer or assignment challenged.

34 Responses

  1. Judgments obtained in a particular case in one state may be registered (like child custody determinations) in another state for enforcement (there are some rules). This is NOT referring to something akin to “stare decisis”, which is supposed to compel a court to uniformity in its own decisions – if a court rules “A” on Monday in one case, it must rule “A” in a similar case on Tuesday. This sister state info – at a glance – is about judgments / adjudication obtained in another state about one particular case only. Like if you got a judgment against schlep 102 in Georgia and he moves to Colorado, you could register that GA judgment in CO to go after him. IMO. Cases from foreign jurisdictions can be persuasive as long as the first decision didn’t depend on a state law which conflicts with the second court’s state laws, but aren’t binding in the second jurisdiction.

    What we haven’t seen in all these years is a road map to making a case for discovery sufficient enough that the court is compelled to grant it or if it doesn’t, it makes for grounds for appeal, also imo.

  2. Stupendous man- huh. No mention of this the last 7 years on this blog. Will help pro se homeowners for sure. Lotta case law from alotta other states.
    Wonder what “sister state” means? Adjoining states only? If the statute meant any rulings from any states i think they would have just said that.

  3. excellent! thank you

    Stupendous Man – Defender of Liberty, Foe of Tyranny, on December 10, 2015 at 7:22 pm said:

    http://civilprocedure.uslegal.com/full-faith-and-credit-doctrine/state-judgments-in-sister-state-courts/

    The federal Constitution requires that a judgment from a sister state of the United States be entitled to “full faith and credit” in every court within the United States. Thus, a sister state judgment rendered by a court with adequate subject matter and personal jurisdiction effectuates collateral estoppel and res judicata nationwide.

    A judgment rendered in a “sister” state or territory of the US is referred to as a “foreign judgment”. All states in the US, except Indiana, Massachusetts and Vermont, but including the District of Columbia and the Virgin Islands have adopted the Uniform Enforcement of Foreign Judgments Act, which requires states and territories to give effect to judgments of other states and territories.

    To enforce a judgment in or from a state that has not adopted the Uniform Act, the holder of the judgment needs to file a suit known as a “domestication” action. Since the full faith and credit clause of the US constitution requires that states honor the judgments of other states, the domestication action is generally a formality.

  4. I meant to say blinking in the _sky_every evening.

    If that’s STAR WARS they’re sure not doing that to protect our best interests or there would be no CHEMTRAILS being strategically maneuvered & sprayed over us.

  5. With the numerous satlites blinking in the every evening we’re clearly being targeted for something.

    Furthermore, they have no LEGAL AUTHORITY to spray what can only be considered hazardous toxins into our environment & they’re obviously trying to do some real damage to us.

  6. I consider those PREDATOR DRONES & they’re frequently flying over my house.

    I would like to know their identity & what they’re spraying over my private property where my 2 dogs hang out.

  7. One day last year they sprayed this DOUBLE CROSS CHEMTRAIL over my house & I took pictures of it.

  8. No surprise ELECTRONZIO.COM got taken down the way he opened pandora’s box on his website.

    Surprisingly there’s resemblence of free speech on the net under these criminal tyrants who have hijacked their own CRIME SYNDICATE in the U.S.

    http://www.commieblaster.com

  9. For example one BANKSTER, HARRIS BANK, who I never did business with ever, sent me this letter saying OPEN YOUR HOUSE UP FOR INSPECTION.

    Who do these crooks think they’re harrassing?

    I wouldn’t be surprised if the CORP OF CROOKS isn’t ANTHRAXING every one of us.

    What’s really in those CHEMTRAILS they’re unlawfully spraying over us?

    ELECTRONZIO.COM said there’s russian spetsnatz operating on U.S. soil so it would not be surprising if theyre poisoning us.

  10. Is FRAUDCLOSURE INVASION OF OUR PRIVACY?

    It is because the PLAINTIFF is unknown & ignoring our LEGAL RIGHTS to DUE PROCESS by PREPONDERANCE of their own FELONIOUS LIES & CRIMINALLY MICHEIVIOUS INNUENDO.

    Moreover, it is DEFAMATION OF CHARACTER to surmise without LEGAL JUSTIFICATION or JUST CAUSE HEARING that FRAUD IN THE ISSUING OF CREDIT is someone elses fault when it’s theirs.

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  12. It’s TITLE FRAUD 24/7 over in WALL STREETS BANKSTER DIVISION.

  13. This just in from the far reaches of the contemporaneous: WALL STREET BOARD OF UNFAIR DEBT COLLECTION PRACTICES is desperately seeking the “smart ones” to sabotage with big huge banana boxes full of subplanted PRE-SUBJOGATED foreign espionage ROBODOCS from the subterranean up in CYBERSPACE.

  14. You could have made them answer to the CFPB.
    I hope you did.
    Also, you could have filed criminal complaints against each one of them who lost their immunity when they used papers to steal your property, and again, I hope you did.

    Anyone aware of a crime and does not make it known to the proper agency is also participating in Misprision of Felony.

    Seems like we might as well make it known to the proper agencies fo the crime.

    I know a lot love court, and the court shows, and the law and order shows and believe that’s how it works.
    If you took the time to listen to rule of law radio at logosradionetwork, and even Eddie’s night this past December 7th, you’d learn that they way they want you to do things is the same design to get you to give them what they want, cause you want to do it the way they want you to.

    I know, that’s now what you want, but to them, it is.
    Why else would people keep opening the same door that steals from other people, and think somehow today, is different, or they or different, or their circumstances are different, or they paid more money, or their paperwork or argument is the ‘magic’ one that will give them what they want?

    Maybe, it has nothing to do with any of that, and by entering the doors, you already gave them what they want.

    I’m just opinionating on that, but if we do not see they have no power, then we let them do things and we come here and talk about it.

    If we see they have no power, we treat them like a man on the street who had a weapon, except their weapon was paper, and the man on the street stole property that did not belong to him, and without a criminal complaint, no one is going to question the man, nor do anything to get your property back; even if you put identifying information on it.

    Just like you have to move a court, you have to move the criminal justice system by giving them real names of real people, if you name a business, the business owner can prove he was not there, and had no knowledge, but if you name the people who worked for him, they can’t point to a single process giving them a right to lie, cheat, and steal for a salary, and to file false misrepresentations in the publc, let alone slander anyone’s name as a debtor owing someone they don’t owe.

    No one has to see what I write.
    I know nothing anyway.
    I will always know no thing.

    Trespass Unwanted, Creator, Corporeal, Life, Free, Independent, People, State, In Jure Proprio, Jure Divino

  15. @Greg,

    “has anyone tried using appellate or supreme court decisions from sister-states in their own cases as governing case law?”

    Hmmm…

    Do you spend time reading state court pleadings? They’re loaded with case law from other states, in addition to federal ones.

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    //s// gregory-george gary: hufnagel-groeper clan…
    Date: now for then

  17. shadow
    yes
    gg

  18. Law of the Land?

  19. Greg what are you looking for rulings on?
    Trust Law?
    Contract Law?
    Standing?
    Common Law Rescission?
    TILA Rescission ?

  20. for those who care… here is where Jesinoski is NOW!

    http://ia600304.us.archive.org/19/items/gov.uscourts.mnd.118743/gov.uscourts.mnd.118743.docket.html

    SCHEDULING ORDER:
    Amended Pleadings due by 9/10/2015.
    Discovery due by 12/1/2015.
    Motions (non-disp) due 12/1/2015.
    Motions (disp) due by 2/1/2016.
    Ready for trial due by 7/1/2016.
    Signed by Magistrate Judge Franklin L. Noel on 8/13/15. (LPH)
    (Entered: 08/14/2015)

  21. has anyone tried using appellate or supreme court decisions from sister-states in their own cases as governing case law? i know that state law might have variances from state to state, but we also have a doctrine in the USA of accepting/honoring the rulings in one state to another by way of the full faith and credit clause…

    it may be a federal question..
    any thoughts?

  22. Elaine, maybe you can sue them now for wrongful foreclosure. I hope so.

  23. Not Recorded on RECORD TITLE.
    2 Wild Warranty Deeds

    Not to mention the servicers slander to title.

  24. As a non record claimant …. Not recorded/Not named on title.
    Tax & Ins bills. Borrower Name/My Name … Hint Hint

    As half of the Estate… I have rights!

  25. Banksters. .. Kicking widows without representation to the curb.
    Can not have it both ways.
    In Common with R.O. S.

    Common Law
    Contract Law 101

  26. @shadowcat – must you always speak in riddles? I can never figure out what you are talking about!

  27. We claimed unclean hands starting in 2010 after we had a certified audit that pointed to several and varied discrepancies, forgeries, fabrications – MAINLY 2 completely different “true test” copies of the note filed on two different occasions and a fabricated, undated, unsigned blank ‘allonge’ that magically appeared – where ever Shapiro & Burson were deficient they were notified about it and would just showed up with whatever was needed – our objections over their sins and fraud on the court fell on deaf ears. You are behind, you did pay – tough shit was the only song the judge would sing. The problem was we HAD THE MONEY – the ‘servicer’ Statebrdige LLC would not take a nickle unless it was for the full amount of the ‘loan’ – they knew that we knew and wanted to get rid of us. They did just that – took them five years but they got the job done. How the ‘sale’ of my house at auction withstood ratification and an ‘audit’ is beyond me!

  28. My name is on those Wild Deeds.
    You sue KC. .
    How much does KC owe?

    I Like Fee Simple
    I Like Simple
    Its that Simple

    Can you say Breach?

  29. Refinance my $236,000 mortgage …. LOL!
    My husbands note was for $149,000 on the new purchase just a year earlier.

    Fixed Term, Fixed Rate, lien my gr@$$.
    Reverse apr That!

  30. Excellent news for Ohioans.

  31. Mortgagor.

  32. Accordingly the maker of the note OR mortgage has standing to challenge .. Standing
    This mortgagee as a non borrower and a non record claimant …
    Slams the lid on the dirty hands in my cookie jars .

    There 1st must be the conveyance ..
    Before another conveyance …
    A Reconveyence of the latter still has not effect without the 1st.

  33. Consumer Rights Defenders assists homeowners and borrowers in Ohio and nationwide with litigation. Free consultation if you call 818.453.3585 today.
    Happy Holidays and let us hear from you.

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