Tuesday, September 13, 2011

Foreclosure Case Pending Before Ohio Supreme Court Now A Moot Issue?

An earlier story posted here(1) referenced the mortgage loan at issue in the foreclosure action currently pending before the Ohio Supreme Court.

Specifically, the mortgage loan in foreclosure, initially reported as mysteriously 'disappearing' has apparently been somehow satisfied, arguably making the issue moot (However, details as to exactly how the loan was satisfied - ie. payment, cancellation, etc. are apparently still a mystery).

How this affects the Ohio Supreme Court in deciding whether to simply dismiss the suit, or go forward and address the issue anyway remains to be seen.

For more, see:

  • Notice of suggestion of mootness filed by homeowner/defendants Antoine Duvall & Madinah Samad.

  • Court Order that appellant may file a response to the notice of suggestion of mootness.

  • Memorandum regarding notice of suggestion of mootness per the Court's 8/8/11 order filed by U.S. Bank, N.A.

  • Ohio Public Radio: Who owns the deed? (The Ohio Supreme Court is taking up the question of what a bank needs to prove to force someone from his home):

    "The Duvall case seemed like a good one for the state Supreme Court to rule on to settle the issue but it has taken an unusual twist. You might even call it another bank snafu.

    The homeowner, Duvall, now owes nothing on his mortgage because - in an action unrelated to the Supreme Court case - the loan servicer cleared his debt completely in June.

    Duvall doesn’t know why it happened and neither his loan servicer nor US Bank’s attorneys are commenting. It’s not clear what the state Supreme Court will do, but attorneys for both sides say the legal question is not going away. The court could still take up the Duvall case or it could address several other cases on the same issue, waiting in the wings

Go here for links to all the briefs filed with the Ohio Supreme Court in this case.

(1) See 'Biggest Case In Ohio F'closure Law In A Century' Takes Unusual Turn; Homeowner's Mtg. Debt Mysteriously Disappears; Banksters, Lawyers: 'No Comment!'

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