Ohio Judge Follows JPMorgan Chase’s Advice, Ends up in Foreclosure

Martin Andelman

I have to tell you… I’ve been waiting for this to happen.

Ohio Judge Peter Sikora was looking to take advantage of the lowest mortgage interest rates in decades and refinance his eight-bedroom, lakefront Cleveland home, so he contacted his bank, JPMorgan Chase. With property values in decline in Cleveland, Chase said no to refinancing but told the judge to apply for a loan modification instead. The judge followed JPMorgan Chase’s advice to the letter and as a result has fallen a year behind on his nearly $1 million mortgage… hasn’t paid his property taxes… and now has ended up in foreclosure.

So, all I can think of to say is… don’t you just hate these irresponsible sub-prime borrowers who should never have been allowed to buy their homes in the first place and now think they’re entitled to loan modifications? I know I sure do. Maybe if the judge had called a scammer and paid an up front fee… he would have gotten his loan modified… no, wait… that’s not right… maybe if he had called a lawyer he would have… wait, no… he is a lawyer, right. Well, maybe if he… oh wait, I know… MAYBE IF HE HAD NOT BELIEVED THE LIES TOLD BY JPMORGAN CHASE… yeah, that’s sure as shootin’ where he went wrong.

According to a story in the Cleveland Plain Dealer, that I’m betting mysteriously isn’t going to get a lot of national attention…

“The bank advised me that the only way they would consider a loan modification would be if I fell behind on my payments,” said Sikora, 59, a judge since 1989. “I took their advice and put the money aside.”

The judge has now pinned his hopes on an upcoming mediation session to keep him in his Edgewater Drive home, which according to the Cuyahoga County Auditor’s Office, appraises at $844,000. Sikora told the Plain Dealer in a telephone interview that he has the money to make his mortgage payments, and that the only reason he’s in foreclosure is that he followed the advice of officials at JPMorgan Chase & Co.

Sikora, who was elected in 2008 as president of the Ohio Association of Juvenile Court Judges, also said that he was surprised when, back in June, right smack dab in the middle of his negotiations with JPMorgan Chase, the bank went ahead and filed the foreclosure lawsuit against him seeking $999,000, including $6,400 in unpaid property taxes.

According to Sikora…

“It’s unfortunate that it’s gotten to this situation, I’ve been talking with them for more than a year, but the bank hasn’t been responsive.”

JPMorgan Chase hasn’t been responsive? Well, that can’t be right, can it? Aren’t we all so surprised that Chase wasn’t responsive? And the fact that Chase would file for foreclosure while in the middle of negotiating with him over a loan modification… that they told him he should apply for by stopping making his mortgage payments… well, frankly I’m just shocked, aren’t you? Totally taken aback, I’d have to say.

I’ll tell you what’s really surprising to me… there are two things:

  1. A judge worked with JPMorgan Chase for over a year to get his mortgage modified, ended up in foreclosure… and all he has to say is that it’s “unfortunate”.
  2. Bank of America hasn’t done this to a judge yet.

Oh, and there was one more thing in the Cleveland Plain Dealer’s story that didn’t surprise me in the least…

“The attorney for JP Morgan Chase did not return a phone call.”

No surprise there.

Mandelman out.

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Former Ohio AG Dann Files Class Action Suit Against Foreclosure Mill

Tom Beres, WKYC-Cleveland

Ohio’s former embattled attorney general Marc Dann is taking on his first high-profile lawsuit since a sexual harassment scandal forced him to resign from the job in 2008.

Dann and co-counsel James Douglass Tuesday filed a class-action lawsuit against a law firm he says files frivolous foreclosures.

The lawsuit filed in Cuyahoga County Common Pleas Court claims the debt collection firm– Lerner, Sampson and Rothfuss — doesn’t have the right to file foreclosures and has created incorrect documentation.

One of the plaintiffs is Phillip Turner, of Shaker Heights. He lost his job and he and his wife waged an expensive legal battle to keep their house from foreclosure.

“Financially, it pretty much ruined us. You feel victimized. You feek cheated,” he said, after learning that the law firm bringing the foreclosure may have cut corners in the complicated foreclosure process to do so.

Dann said, “They are making millions of dollars. They are filing claims where they don’t represent companies or investors who hold the mortgage, where they manfuacture documents in their office that are inaccurate….It is a business arrangement by nature causing intentional harm to these people.”

Watch and read more here

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Sandusky woman sues bank over robo-foreclosure

From the Sandusky Register

A national scandal over supposedly flawed paperwork in the mortgage industry has hit home.

A Sandusky woman filed a lawsuit Wednesday claiming the foreclosure of her North Larchmont Drive home was spurred on by “robo-signing,” where bank employees signed affidavits without bothering to review documents.

Rhonda D. McLaughlin filed her lawsuit against Bank of America, N.A., and Rhonda Weston, a vice president of Bank of America. Fannie Mae and Ohio Attorney General Richard Cordray also are named as defendants in the suit.

Sandusky attorney Dan McGookey, a foreclosure specialist, is McLaughlin’s attorney.

It may be the first lawsuit filed in the U.S. by a private citizen seeking to undo an already completed foreclosure on grounds that a robo-signer was used, McGookey said.

McLaughlin lived at 1608 North Larchmont Drive in Sandusky when Bank of America foreclosed on the home in 2007.

McLaughlin, still a Sandusky resident, lost the home when Erie County Common Pleas Court Judge Roger Binette granted a motion for summary judgment in 2008.

The summary judgment was based on an affidavit from Weston, who said McLaughlin was in default on her mortgage.

Binette has been assigned McLaughlin’s new lawsuit.

Read more here: http://www.sanduskyregister.com/2010/oct/23/foreclosurelawsuit102310tjxml

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Ohio Attorney General Sues Ally Financial Over Alleged Foreclosure Fraud

Alan Zibel & Ann Sanner

Ohio’s attorney general is suing Ally Financial Inc. and its GMAC Mortgage division, alleging the company violated state fraud laws in handling foreclosure cases.

The action could be the first in a wave of lawsuits by state regulators over what appear to be widespread problems in documents used by the nation’s largest mortgage lenders.

Attorney General Richard Cordray said Wednesday the alleged fraud could involve hundreds of foreclosures in the state. The lawsuit claims the company’s employees signed and filed false affidavits to mislead courts. Cordray called the alleged fraud the “tip of an iceberg of industrywide abuse of the foreclosure process.”

A message left at Ally was not immediately returned.

“It certainly seems likely that other states will follow,” said Diane Thompson, counsel at the National Consumer Law Center.

Three banks have halted foreclosures in 23 states after evidence surfaced that their employees or outside lawyers signed documents without reading them or filed inaccurate paperwork. State and federal officials have been ramping up pressure on the industry over concerns about potential legal violations.

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