Sunday, June 15, 2008

Ohio Couple Facing Foreclosure Petitions State Judiciary For Constitutional Right To Free Court Appointed Counsel

In Cincinnati, Ohio, The Enquirer reports:

  • A Westwood couple faced with losing their home of 22 years through foreclosure has asked the Ohio Supreme Court to declare that they have a constitutional right to a court-appointed lawyer to represent them.

  • The petition came after Hamilton County Common Pleas Judge Beth A. Myers ruled Tuesday that William and Mary Hill were not entitled to a free lawyer because the case involved property rights, not individual liberty.

  • Attorney Robert B. Newman, who represents the Hills, argues that too many homeowners in foreclosure lose hope and abandon their homes, even if they have valid defenses, because they can't afford a lawyer. The Legal Aid Society of Southwest Ohio has supported his argument, saying its lawyers are overburdened with foreclosure cases and have had to turn away homeowners.

Source: Homeowners demand lawyer.