Beachwood, OH
Foreclosure Lawyer at Beachwood, OH
Practice Areas: Foreclosure, Appeals ... +3 more
OUTCOME: foreclosure dismissed
Hired to defend clients at default hearing. Default judgment avoided. 5/6/11 Plaintiff’s motion for summary judgment denied as moot. Case dismissed 8/30/11 due to Plaintiff’s failure to re-file motion. ...
OUTCOME: foreclosure dismissed
Plaintiff voluntarily dismissed the foreclosure
OUTCOME: Sheriff's sale stayed in 2011, Modification in 2013
Began representing homeowner after a default judgment was entered against him. Filed motions to stay sheriff's sale and vacate the judgment of foreclosure. Court granted motion to stay sheriff's sale a ... nd the property was withdrawn from sale. Modification offered in May 2013.
OUTCOME: foreclosure dismissed
Negotiated loan modification for client that client accepted
OUTCOME: motion to dismiss amended complaint granted
06/30/2011 N/A JE UPON CONSIDERATION OF DEFENDANT LINDA CLARK'S MOTION TO DISMISS FILED ON 6/14/11 AND PLAINTIFF'S BRIEF IN OPPOSITION TO SAID MOTION FILED ON 6/23/11, THE COURT RULES IN FAVOR OF DEFEN ... DANT LINDA CLARK GRANTING HER MOTION TO DISMISS. PLAINTIFF FAILED TO SHOW A PROPER CHAIN OF ASSIGNMENTS OF THE MORTGAGE IN ITS AMENDED COMPLAINT OF 5/9/11. PLAINTIFF ATTACHED EVIDENCE OF THE ASSIGNMENT OF THE MORTGAGE FROM "JP MORGAN CHASE BANK AS TRUSTEE FKA THE CHASE MANHATTAN BANK AS TRUSTEE" TO PLAINTIFF, HOWEVER, PLAINTIFF FAILED TO SHOW ANY EVIDENCE INDICATING AN ASSIGNMENT OF THE WITHIN MORTGAGE FROM THE ORIGINAL MORTGAGEE, "MERS AS NOMINEE FOR HOME LOAN CORPORATION DBA EXPANDED MORTGAGE CREDIT" TO "JP MORGAN CHASE BANK AS TRUSTEE FKA THE CHASE MANHATTAN BANK AS TRUSTEE." CONSEQUENTLY, PLAINTIFF FAILED TO ESTABLISH STANDING IN ITS AMENDED COMPLAINT AND THE COURT DISMISSES THE WITHIN CASE IN ITS ENTIRETY WITHOUT PREJUDICE PURSUANT TO THE HOLDING IN WELLS FARGO V. JORDAN, 2009 OHIO 1092, 2009 OHIO APP LEXIS 881. COSTS TO PLAINTIFF. FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). CLPAL 06/29/2011 NOTICE ISSUED
OUTCOME: foreclosure dismissed
Modification offered and accepted by client
OUTCOME: Sheriff's sale avoided
Filed motion to vacate judgment days before sheriff's sale scheduled for May 24, 2011. Sheriff sale cancelled. Filed an appeal for the homeowner that is still pending in 2013.
OUTCOME: foreclosure dismissed
Plaintiff voluntarily dismissed the foreclosure before the scheduled trial
OUTCOME: Confidential settlement
Plaintiff homeowners stated claims under the Fair Debt Collection Practices Act and the Ohio Consumer Sales Practices Act, R.C. 1345, due to allegations that Defendant law firm knowingly filed deceptiv ... e foreclosures when their clients lacked standing
OUTCOME: motion to dismiss foreclosure amended complaint granted
04/27/2011 N/A JE MOTION OF THE DEFENDANT DARIA HAMMOND TO DISMISS THE COMPLAINT IS GRANTED. PLAINTIFF WAS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT. THE AMENDED COMPLAINT SUPPLANTED THE ORIGINAL COMP ... LAINT. THE AMENDED COMPLAINT FAILED TO ATTACH A FULL COPY OF THE PROMISSORY NOTE. THERE IS NO SIGNED COPY OF THE NOTE ATTACHED TO THE AMENDED COMPLAINT. PURSUANT TO CIV.R. 10(D)(1). THE COURT REQUIRES, AT MINIMUM, THAT THE LENDING INSTITUTION ATTACH A COPY OF THE PROMISSORY NOTE AND COPY OF RECORDED MORTGAGE TO A FORECLOSURE COMPLAINT. COMPLAINT DISMISSED WITHOUT PREJUDICE. (FINAL) COURT COST ASSESSED TO THE PLAINTIFF(S). CLPAL 04/26/2011 NOTICE ISSUED
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