As a result of a recent Ohio Supreme Court decision, Ohio homeowners who lost their home to foreclosure when the lender did not own the loan when the foreclosure lawsuit was filed may be able to regain their homes and recover money damages and settlements.
On October 31st, 2012, The Ohio Supreme Court unanimously ruled that a third-party mortgage company cannot foreclose on a property that it did not have a connection to at the time of the initial complaint. The legal process that banks seeking to foreclose on homeowners in Ohio changed dramatically because of this decision.
Other possible outcome of this decision is the bank may have to re-file their foreclosure case and incur all of the expenses of taking the property through sale.
It is essential that these homeowners contact a Foreclosure Attorney in Ohio without delay.
According to the Columbus Dispatch, the Federal Home Loan Mortgage Corp. filed a foreclosure case against a Xenia couple who had defaulted on their loan. The filing occurred before a bank had signed over the mortgage loan to the FHLMA. Additionally, the couple had arranged a short sale of their home with the bank and had found a buyer prior to the filing of the foreclosure action by the FHLMA.
According to Marc Dann, a Foreclosure Attorney based in Cleveland, thousands of lawsuits for foreclosure in Ohio were filed by entities that simply don’t have any dispute with the homeowner they were suing. In the Schwartwald Decision, the Ohio Supreme Court has said definitively that courts that granted Judgments in such circumstances were without jurisdiction to do so, and that courts that our currently deciding cases must dismiss those where the lender did not possess the note and mortgage prior to filing their foreclosure complaint.
The Schwartzwald Decision makes it more important than ever that homeowners being sued for foreclosure in Ohio retain a lawyer to represent them.
If you have been sued foreclosure even over the past several years consult a foreclosure lawyer in Ohio about whether or not you have claims against the companies involved in suing you.