It Happened To Us

Capital: Columbus

Area: 41,222 square miles

Ranks 35th in size

Nickname: Buckeye State

State Slogan: So Much to Discover; Birth Place of Aviation; The Heart of It All

Admission Date: 1803

State Flower: Scarlet Carnation

State Bird: Cardinal

Did you know?

The official beverage of Ohio is tomato juice.

Ohio created/discovered the first hot dogs, ice cream cones, and crackerjacks.

Ohio is home to John H. Glenn, Jr., the first American to orbit the earth, and Neil Armstrong, the first man to walk on the moon.

The Professional Football Hall of Fame is in Canton, Ohio.

The first traffic light was in Cleveland, Ohio.

7 Presidents were born in Ohio.

The first capital city of Ohio was Chillicothe, Ohio.

In 1912, Lifesavers candy was invented by Clarence Crane.

In 1803, Ohio became the 17th State to be admitted into the United States of America. Below are excerpts of the Ohio Constitution followed by what has and is happening in Ohio.

The Constitution of Ohio
We, the people of the State of Ohio, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare, do establish this Constitution.
Preamble

All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety.
Article 1, Section 1

The right of trial by jury shall be inviolate, except that, in civil cases, laws may be passed to authorize the rendering of a verdict by the concurrence of not less than three-fourths of the jury.
Article 1, Section 5

All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience. No person shall be compelled to attend, erect, or support any place of worship, or maintain any form of worship, against his consent; and no preference shall be given, by law, to any religious society; nor shall any interference with the rights of conscience be permitted. No religious test shall be required, as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the General Assembly to pass suitable laws, to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction.
Article 1, Section 7

All courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law, and shall have justice administered without denial or delay. Suits may be brought against the state, in such courts and in such manner, as may be provided by law.
Article 1, Section 16

View as PDF

It is happening in Ohio

Major U.S. Banks Investigated For Foreclosure Fraud
“If judges start digging deeper into the foreclosure mess ... they're also going to find that many loans from the housing bubble were so badly documented that many are unenforceable. That'll be an even bigger mess.
"What we have here is lying under oath. The facts may or may not be correct. And this seems to have been an industry-wide practice, where the companies encouraged this and required it of their employees -- to commit deliberate fraud on the court in case after case after case."
Cordray says it's eerily similar to the industry-wide sanctioning of mortgage fraud that helped create the foreclosure crisis.
Read more...

View as PDF

Tags: Ohio
Source: https://www.npr.org/templates/story/story.php?storyId=130421557
Article by Chris Arnold, October 8, 2010

In the Wake of Enforcement Actions Against Mortgage Servicers, Brown Introduces Bill to Keep Ohioans in Their Homes; Stem Foreclosure Crisis
"This foreclosure crisis affects all of us – homeowners, families, neighbors, and state and local governments. It is clear that the current system isn't working and unfortunately federal regulators have failed to bring meaningful reform to the mortgaging servicing," Brown said. "Ending the foreclosure mill requires stronger oversight, streamlined modification procedures, and meaningful penalties when servicers break the law. We should be finding ways to keep people in their homes, not gouging homeowners and forcing more houses onto an already depressed housing market."
Read more...

View as PDF

Tags: Ohio
Source: https://www.brown.senate.gov/newsroom/press/release/in-the-wake-of-enforcement-actions-against-mortgage-servicers-brown-introduces-bill-to-keep-ohioans-in-their-homes-stem-foreclosure-crisis
Article by Senate Press Release, April 14, 2011

Standing Up for Ohio Homeowners
... We know that the housing crisis in Ohio wasn't caused by speculation or irresponsible borrowers taking out mortgages they couldn't afford. It was caused by years of job losses mixed with predatory loans from fly-by-night mortgage operations. ...

But instead of receiving help, many have been ignored. Others have faced denials, lost paperwork, or have been foreclosed on by mortgage companies that engage in "robo-signing." Big banks tell us that their mistakes are isolated and harmless. But these problems are not new. In fact, these predatory practices occurring now in the servicing industry are all too similar to predatory practices that led to the subprime crisis. ...

...servicers have been known to file foreclosures against homeowners who are trying to modify their loans – a practice that is prohibited under law. In a survey of consumer attorneys from 34 states, more than 98 percent said they have represented homeowners placed in foreclosure while awaiting a loan modification. ...
Read more...

View as PDF

Tags: Ohio
Source: https://www.brown.senate.gov/newsroom/newsletters/standing-up-for-ohio-homeowners-
Article by Senate Press Release, May 14, 2012

With Thousands of Ohioans Affected by Errors in Their Credit Reports, Brown Urges Feds to Take Action Against “Zombie Debts” That are No Longer Owed But Linger on Credit Reports
"Everyone should have an accurate credit score and no one should be haunted by debts they don't owe," said Brown, ranking member of the U.S. Senate Committee on Banking, Housing, and Urban Affairs. "But too many Americans are haunted by zombie debts – debts they've already paid but still appear on their credit reports. Credit scores are often used for non-credit purposes, like job decisions and rental housing, compounding the problem. That's why I'm urging federal regulators to do their part to ensure accurate and timely reporting of consumer debt information. These agencies can and must do more to ensure that buyers and sellers of debt aren't engaging in behavior that exploits consumers."

"Credit history is critical to home buying and asset building," said David Rothstein of Neighborhood Housing Services of Greater Cleveland. "Far too many families come to us with dings on their credit that are not real or were taken care of years ago. Without this bill, families are inadvertently being denied access to homeownership."
Read more...

View as PDF

Tags: Ohio
Source: https://www.brown.senate.gov/newsroom/press/release/with-thousands-of-ohioans-affected-by-errors-in-their-credit-reports-brown-urges-feds-to-take-action-against-zombie-debts-that-are-no-longer-owed-but-linger-on-credit-reports
Artice by Senate Press Release, August 5, 2015

PHH Mortgage Corporation v. Barker
The Barkers win against PHH. PHH takes over a note, refuses to accept payments, and pursues foreclosure. Judge Shaw stops the foreclosure. Great job, Judge. Homeowners, beware! Not all judges are like Judge Shaw.

In Idaho, PHH claimed to take over our note, refused to accept our payments, and pursued foreclosure. PHH and their accomplices created fraudulent documents and instruments. We irrefutably proved they were invalid and inadmissible. Judge Michael Griffin did not disagree. He just refused to consider our motions and evidence...even when Chase admitted to still owning the loan in response to a federal request (QWR).

In Montana, Wells Fargo assigned our loan into a closed REMIC Trust TWICE. The second assignment did not even include the Note which made the assignment a nullity in Montana. Judge Mike Menahan said we were not a party to either illegal transfer of the loan so we could not challenge its authenticity. New York corroborated the assignments were void. Both banks denied they were foreclosing on us. Judge Mike Menahan would not require Erika Peterman of RCO Legal to produce Proof of Authority that she was actually representing the banks. Read our story...it is unbelievable, but...It happened to us. It could happen to you.
Read more...

View as PDF

Tags: Ohio
Source: http://scholar.google.com/scholar_case?case=5335061768256428264&q=PHH+foreclosure&hl=en&as_sdt=2,33

Case Excerpts

Below are excerpts from legal cases that we have found during our research. Please note that we are not necessarily recommending or endorsing any of the cases or their outcomes. However, we have found the parts below to be helpful and informative in our battle.

Holder of Note and Mortgage
“The real party in interest in foreclosure actions is the current holder of the note and mortgage…if the note is payable to an identified person, negotiation requires transfer of possession of the instrument and endorsement by the holder.”
Bank of Am., NA v. Miller, 2011 Ohio 1403, 194 Ohio App. 3d 307 (2011)

View as PDF

Tags: Ohio
Source: Bank of Am., NA v. Miller, 2011 Ohio 1403, 194 Ohio App. 3d 307 (2011)

Standing
“Thus, because it failed to establish an interest in the note or mortgage at the time it filed suit, it had no standing to invoke the jurisdiction of the common pleas court.”
Fed. Home Loan Mtge. Corp v. Schwartzwald, 2012 Ohio 5017, 134 Ohio St. 3d 13, 979 N.E.2d 1214 (2012)

View as PDF

Tags: Ohio
Source: Fed. Home Loan Mtge. Corp v. Schwartzwald, 2012 Ohio 5017, 134 Ohio St. 3d 13, 979 N.E.2d 1214 (2012)