Bank of Am. v. Kuchta, 2012-Ohio-5562
Dec 03, 2012OUTCOME: judgment reversed
Homeowners appealed the denial of their 60(B) motion to vacate the judgment of foreclosure
Grace Mary Doberdruk's Legal Cases (93)
Beachwood, OH
Foreclosure Lawyer at Beachwood, OH
Practice Areas: Foreclosure, Appeals ... +3 more
BANK OF AMERICA, N.A. vs. KIMBERLY A. SHOWALTER ET AL, Cuyahoga County Case No CV 11 764778
Nov 19, 2012OUTCOME: Foreclosure dismissed
Negotiated for loan modification.
U.S. Bank National Association v. Theresa Martinez, Ashland County Case No 12-CFR190
Nov 19, 2012OUTCOME: foreclosure dismissed
Filed a motion to dismiss the foreclosure complaint, loan modification offered and accepted
BANK OF NEW YORK MELLON V/S DAVID A WOODS, Lorain County Case No 12CV175058
Nov 08, 2012OUTCOME: Loan modification, foreclosure dismissed
Negotiated for modification.
US BANK NA vs. JEREMIAH J. LUMPKIN ET AL, Cuyahoga Case No CV 12 773518
Nov 07, 2012OUTCOME: Motion to dismiss foreclosure complaint granted
Answer deadline had already passed when client hired me. I filed a motion to dismiss and appeared at the default judgment hearing to orally argue the motion. Default judgment avoided and after a reply ... brief in support of my motion to dismiss, the court granted my motion with the following journal entry: DEFENDANT(S) JEREMIAH J LUMPKIN AND MOZEAL M LUMPKINS' 12(B)(1) MOTION TO DISMISS IS GRANTED. PURSUANT TO FED. HOME LOAN MTGE. CORP. V. SCHWARTZWALD, ET AL. SLIP OPINION NO. 2012-OHIO-5017 STANDING IS REQUIRED TO INVOKE THE JURISDICTION OF THE COMMON PLEAS COURT AND IS DETERMINED AS OF THE FILING OF THE CASE. ALTHOUGH PLAINTIFF ATTACHED AN ASSIGNMENT OF THE PROMISSORY NOTE AND MORTGAGE AS AN EXHIBIT TO THE COMPLAINT, THE ASSIGNMENT IS INVALID ON ITS FACE. THE ASSIGNMENT WAS EXECUTED IN THE PRESENCE OF A NOTARY PUBLIC ON MARCH 7, 2005. HOWEVER, PLAINTIFF DID NOT EXIST AS A LEGAL ENTITY UNTIL FIVE MONTHS LATER ON AUGUST 1, 2005. PLAINTIFF IS A TRUSTEE UNDER A SECURITIZATION SERVICING AGREEMENT DATED AUGUST 1, 2005. AS PLAINTIFF CANNOT DEMONSTRATE THAT IT HELD THE NOTE AND MORTGAGE AT THE TIME THE CASE WAS FILED, PLAINTIFF FAILED TO ESTABLISH AN INTEREST IN THE NOTE AND MORTGAGE AT THE TIME IT FILED SUIT. THUS, PLAINTIFF IS NOT THE REAL PARTY IN INTEREST AND HAS NO STANDING TO INVOKE THE JURISDICTION OF THIS COURT. THE CASE IS DISMISSED WITHOUT PREJUDICE. FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED
Nationstar Mortgage LLC v. Larry E. Lowe, Sandusky County Case No 11 CV 415
Oct 16, 2012OUTCOME: house withdrawn from sale, loan modification, judgment vacated, foreclosure dismissed
Filed a motion to vacate on behalf of the Defendant days before the sheriff’s sale. Judge withdrew home from sale. Negotated a loan modification that client accepted. Judgment vacated and case dismisse ... d.
JPMORGAN CHASE BANK NATIONAL ASSN V/S/ ROY A CANONIZADO, Lorain County Case No 12CV177050
Oct 16, 2012OUTCOME: Loan modification, foreclosure dismissed.
After motion to dismiss the foreclosure filed clients were offered a loan modification.
DEUTSCHE BANK NATIONAL TRUST COMPANY vs. DANIEL L. CONNER, ET AL, Cuyahoga County Case No CV 11 771218
Oct 03, 2012OUTCOME: Foreclosure dismissed, counterclaims settled, release of mortgage
Filed counterclaims in the foreclosure of a securitized loan
JOSEPH BRADY ET AL VS CHAIDEZ LAW FIRM PLLC, Stark County Case No 2012CV02197
Sep 21, 2012OUTCOME: Settlement
Consumer class action filed against a law firm that handled loan modifications
Chase Home Finance LLC v. Kimberly Driscoll, et al, Franklin County Case No 10 CV 007977
Sep 07, 2012OUTCOME: Voluntary dismissal by Plaintiff in exchange for homeowner voluntarily dismissing her counterclaims
Hired after default judgment filed. Filed answer and counterclaims and motion to dismiss. Trial date approaching.
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
