Another Ohio Federal Judge Demands Docs In 27 More Foreclosure Cases; Warns Attorney "Don't Do It Again!"

(original post 11-17-07)
The New York Times reports:

• After the recent dismissal of 14 foreclosure cases by a federal judge in Cleveland, another federal judge in Ohio has given lenders 30 days to prove that they own the properties they intend to seize from troubled homeowners in 27 other cases. The second judge, Thomas M. Rose of Federal District Court, in Dayton, ruled Thursday that while the lawyer filing 26 of the cases had claimed his clients owned the properties at the time the foreclosures began, he had not submitted the necessary proof to the court.

• “Failure in the future by this attorney to comply with the filing requirements,” Judge Rose said, “may only be considered to be willful.” [ie. Do it again and I'll scorch you!].

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• A recent study of 1,733 foreclosures by Katherine M. Porter, an associate professor of law at the University of Iowa, found that 40 percent of the creditors foreclosing on borrowers did not show proof of ownership. Such proof gives a creditor standing to foreclose against a borrower and is required by law. Judge Rose cited Ms. Porter’s study in his ruling.

For more, see Judge Demands Documentation in Foreclosures.

For other posts that reference the failure of some mortgage lenders and their attorneys to file the required loan documents when starting foreclosures, Go Here, Go Here, Go Here and Go Here. missing mortgage foreclosure docs alpha