Ohio AG Turned Away Again In Foreclosure Action "Real Party In Interest" Claim

In Hamilton County, Ohio The Cincinnati Enquirer reports:

• Ohio Attorney General Marc Dann has lost a second attempt to dismiss a foreclosure lawsuit in Hamilton County, with a Common Pleas Court magistrate ruling that a lender doesn't have to prove it owns the mortgage when it first seeks to take back the property. The decision Thursday in Residential Funding v. Anthony Muhammad, involving a vacant West End rental property, followed similar lines of reasoning as a ruling earlier in the week. Magistrate Michael L. Bachman said that because the state has an interest in the property - a lien for unpaid state income taxes for $1,264 - the attorney general has a conflict of interest. The attorney general's office said it would dispute the rulings to a common pleas judge.

Source: State's attempt to stop foreclosure rejected.

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