The Ohio Supreme Court and Foreclosures

The Ohio Supreme Court in U.S. Bank NA vs. Duvall Case No. 2011-218 was set to determine the issue of standing, but decided that the case was rendered moot when U.S. Bank released the mortgage lien as paid in full. A pending case of U.S. Bank NA vs. Perry Ohio Supreme Court Case No. 2011-170 was stayed pending the outcome of Duvall. On October 7, 2011, the Ohio Supreme Court continued the briefing in Perry now pending the outcome in Federal Home Loan Mortgage Corp. vs. Duane Schwartzwald Case No. 2011-1362 (the certified conflict) and Case No. 2011-1201 (the discretionary appeal). The certified conflict asks the parties to brief the following issue: "In a mortgage foreclosure action, the lack of standing or a real party in interest defect can be cured by assignment of mortgage prior to judgment" The certified conflict was filed by the homeowner as Appellant. Accordingly, anyone desiring to submit a brief in support of the Homeowner's position must file a brief pursuant to Supreme Court Rule 6.2(A) within 40 days of the record being filed with the Clerk of Courts. The record was filed on October 21, 2011. As such, a brief in support of the Homeowners should be filed on or before November 30, 2011. (Unless Appellants obtain an extension of time within which to file their brief.)

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