Ohio AG's "Real Party In Interest" Claim In Foreclosure Action Rejected Again By Ohio Court

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.

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