Today, I filed a reply brief in Ohio Supreme Court Case No.:2011-1362 Federal Home Loan Mortgage Corp. vs. Duane Schwartzwald. The Ohio Supreme Court certified a conflict and asked the parties to brief the issue:
In a mortgage foreclosure action, the lack of standing or a real party in interest defect can be cured by the assignment of the mortgage prior to judgment.
An amicus brief was filed on behalf of Ohio Homeowners andOhiofraudclosure.blogspot.com. You can review t
The Media has recently released that the Attorney Generals for various States have entered into a settlement with Five Major Banks regarding fraudulent practices. The final version of the settlement has not been drafted, let alone agreed upon. In addition, "settlement" at least implies that actual litigation was filed, and as such a Court may have to actually approve the settlement. Following suit with the entire process of mortgage securitization and the foreclosure filing
I have noticed that the more I argue on behalf of Homeowners facing foreclosure the less it becomes about the law. I have always tried to be a reasonable attorney when it came to settlement and civil litigation. I believe that I have developed a reputation as being a reasonable and practical litigator. However, recently I have been asked by Magistrates,by Judges in Chambers,and by Appellate Panels essentially "does it really matter?" Rules of Civil Procedure appear to be u