Plaintiff alleges wrongful foreclosure on two grounds: (1) that the Waiver of Borrower s Rights rider to the Security Deed violates plaintiff s constitutional rights, making the Security Deed invalid; and (2) that defendant is not the proper party to foreclose on the Property.
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Cuyahoga County, Ohio, Judge Nancy Margaret Russo’s Standing Order Regarding Foreclosures. For example, within 20 days of filing the Complaint, the plaintiff’s attorney must file a Property Status Report on a form prescribed by the Court, and include the submission of a photograph of the subject property taken within 10 days of filing the complaint. The failure to do so may be grounds for dismissal.
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agree to accept an offer to purchase the property rather than seek foreclosure. (Transcript at p. 4). However, the Plaintiff was unwilling to accept the proposed purchase agreement to buy the property. (Id.) The loan servicer then made a claim asserting an interest in this Charter One
Young, the plaintiff filed a foreclosure, and when the borrower failed to file an answer, the plaintiff filed a motion for default judgment. Instead of granting the motion and ordering the usual sheriff’s sale as requested by the plaintiff, the trial judge issued a notice to all parties to appear and show cause as to why the property should not simply be conveyed to the plaintiff without a judicial sale.
A plaintiff can’t file a judgment of foreclosure and sale unless a referee submits his report. It’s likely that the referee was unwilling or unable to submit the report, and that’s why the plaintiff is moving for a successor referee. It’s highly unlikely that this action would be dismissed for failure to move for judgment at this time.
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REQUIRED READING: In 2009, servicing management reported on a procedure created by a trial judge in Darke County, a rural county in western Ohio, whereby the judge was routinely ordering properties.
What happens to a home in foreclosure if the owner files bankruptcy but the bank refuses to complete the foreclosure by cancelling the auction. Someone declared chapter 7 bankruptcy over a year ago, and owns two investment homes scheduled for trustee sale/foreclosure. At this point, is.