Monday, September 26, 2011

F'closing Banksters Score Another Big 'Win' As Lender Dodges Bullet, 'Games' Judicial System, 'Buys Off' Homeowner; Ohio Supremes Declare Issue "Moot"

Foreclosing banksters throughout the U.S. are presumably in a celebratory mood as they have recently succeeded in buying off another homeowner in foreclosure who had the temerity to bring a dubiously-conducted foreclosure case to the attention of a state supreme court.(1)

Go here for the one-page ruling issued by the Ohio Supreme Court declaring the case of U.S. Bank v. Duvall moot.(2)

Thanks to OHIO FRAUDclosure, who contributed a 'friend of the court brief" in this matter, for the heads-up on the ruling.(3)

Editor's Note:

According to U.S. Bank's Memorandum regarding notice of suggestion of mootness filed in this matter, there are at least two other cases percolating through the Ohio judicial system that present the same issues. It may be that the Ohio Supreme Court merely dismissed this case with the view of addressing the issues by hearing one or both of the other two cases.

Interestingly, according to footnote 1 of U.S. Bank's Memorandum regarding notice of suggestion of mootness, counsel representing the bankster in this case notes that it also represents the banksters involved in the other two cases. It remains to be seen if the banksters in those cases are equally successful in 'buying off' the respective homeowners in foreclosures with a 'free house.'

(1) The use of '11th hour' legal maneuvers to dodge a potentially adverse court ruling in the foreclosure context by the sleazy banksters is not unheard of. In a recent Florida foreclosure case involving the use of dubious documents to obtain a foreclosure judgment, the banksters and their foreclosure mill avoided having the Florida Supreme Court hear an appeal of a case by reaching a settlement with the screwed over homeowner shortly before the case was presented to the Florida high court (keep in mind that this was a case the banksters had won decisively at the intermediate appeals level). See:

See also, F'closure Mill Dodges Appellate Court Reversal On Merits; Opts To 'Confess Error' Instead In Agreeing To Reversal Of Rubber-Stamped Lower Court Ruling, where, in an appeal by a homeowner of a lower court ruling favorable to a foreclosing bankster, the bankster agreed to 'confess error,' thereby leading a Florida intermediate appeals court to boot the case back to the lower court without actually ruling on the merits of the appeal. In effect, the foreclosure mill law firm/sweatshop may have intentionally thrown the case to avoid even more negative precedent and publicity that these faulty foreclosure cases have been generating.

(2) For earlier posts on this story, see:

(3) For some commentary from OHIO FRAUDclosure on the dismissal of this case, see Ohio Supreme Court's Shocking Decision in Landmark Case.

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