Ohio AG Urges Continued Vigilance By The Courts In Foreclosure Robosigner Cases

From the Office of the Ohio Attorney General:

• In a letter sent [] to Ohio judges, Attorney General Richard Cordray has requested that the state courts continue to pay close attention to foreclosure cases that may have affidavits signed by robo-signers. In support of continued vigilance, Cordray highlights several courts that have taken action to address the situation.

• "In tracking these cases throughout the state, we have found that judges are finding different ways to handle them," said Cordray. "Judges from Cuyahoga to Trumbull to Butler Counties have all found ways to deal with affidavits that may be fraudulent. I strongly urge other courts to consider options that will work best for them as our office decides how to handle the individual cases."

• In the letter, Cordray highlights the following decisions by Common Pleas Judges:
  
  In Butler County, Judge Charles Pater issued an order denying GMAC's motion to ratify a judgment because "neither the Ohio Civil Rules nor the local rules of this court provide a procedure for or authorize a court to 'ratify' a final appealable order" and stating that "the proper course of action would be for GMAC to first file a motion to set aside its judgment and then, once the court grants that motion, to refile its motion for summary judgment with a correctly executed affidavit in support."
  
  In Cuyahoga County, Judge Nancy Russo has scheduled a hearing requiring a foreclosure plaintiff "to provide the court with proof of integrity of all documents submitted."(1)
  
  In Franklin County, Judge John Bender issued an order in a foreclosure case requiring that foreclosure counsel "personally certify the authenticity and accuracy of all documents submitted in support of judgment."
  
  In Trumbull County, Judge Andrew Logan sent a letter to foreclosure counsel requiring that affidavits state that the signatory "has personal knowledge of the file and has personally reviewed the documents."

Source: Ohio Courts Take Action in Foreclosure Cases.

Go here to view the Ohio AG's letter to Ohio judges in full.

(1) The Ohio AG's letter notes a recommendation made by the Cuyahoga County Court of Common Pleas for dealing with robosigned affidavits:

• The Cuyahoga County Court of Common Pleas has issued a policy on foreclosure affidavits, recommending that its judges issue an order requiring a lender who submitted a robo-signed affidavit, pre or post-judgment, to show cause why the case should not be dismissed without prejudice. In the future, counsel for a lender in a foreclosure proceeding must sign an affidavit attesting that counsel has reviewed the file and confirmed with his or her client that the client reviewed the file. The policy, which is currently under review, and template affidavit are available [here].