Update on Failure to Comply with PSA
I previously posted an argument for a motion to vacate based upon the Plaintiff's failure to comply with the Pooling and servicing agreement. Counsel for the Banks continue to cite the same cases asserting that the Homeowner lacks standing to challenge the Plaintiff's compliance with the Pooling and Servicing Agreements. Some Ohio Trial Courts are beginning to agree with the argument. In both Columbiana County and Perry County the trial court, in ruling on motions for rel