In a letter sent today to Ohio judges, State Attorney General Richard Cordray has requested that the state courts continue to pay close attention to foreclosure cases that may have affidavits signed by robo-signers. In support of continued vigilance, Cordray highlights several courts that have taken action to address the situation.
"In tracking these cases throughout the state, we have found that judges are finding different ways to handle them," said Attorney General Cordray. "Judges from Cuyahoga to Trumbull to Butler Counties have all found ways to deal with affidavits that may be fraudulent. I strongly urge other courts to consider options that will work best for them as our office decides how to handle the individual cases."
In the letter, Cordray highlights the following decisions by Common Pleas Judges:
►In Butler County, Judge Charles Pater issued an order denying GMAC Mortgage's motion to ratify a judgment because "neither the Ohio Civil Rules nor the local rules of this court provide a procedure for or authorize a court to 'ratify' a final appealable order" and stating that "the proper course of action would be for GMAC to first file a motion to set aside its judgment and then, once the court grants that motion, to refile its motion for summary judgment with a correctly executed affidavit in support."
►In Cuyahoga County, Judge Nancy Russo has scheduled a hearing requiring a foreclosure plaintiff "to provide the court with proof of integrity of all documents submitted."
►In Franklin County, Judge John Bender issued an order in a foreclosure case requiring that foreclosure counsel "personally certify the authenticity and accuracy of all documents submitted in support of judgment."
►In Trumbull County, Judge Andrew Logan sent a letter to foreclosure counsel requiring that affidavits state that the signatory "has personal knowledge of the file and has personally reviewed the documents."
For more information, visit www.OhioAttorneyGeneral.gov.
