Monday, April 25, 2011

Chief Magistrate Judge removed from foreclosure cases by county court judge after fraud investigation by county prosecutor


Cuyahoga County Court of Common Pleas Judge John O'Donnell has replaced county foreclosure Chief Magistrate Stephen Bucha on cases involving the no longer existing Chase Mortgage Company with subordinate magistrate Tom Vozar following the initiation of a mortgage fraud investigation two weeks ago by county prosecutor Bill Mason, though O'Donnell has not recused himself from the cases since he supervises Bucha and allegedly directed him on the alleged illegal activity.

Magistrates are manually assigned to foreclosure cases by the 34 judges of the general division of the Cuyahoga County Court of Common Pleas, which is led by Chief Judge Nancy Fuerst, but are under the supervision of the judges, who are ultimately responsible for the case outcomes and the actions of the magistrates, whether legal or illegal.

At issue is the attempt by attorneys for Chase Mortgage Company, which merged and became Chase Home Finance in 2005, foreclosing on homes of Black people when foreclosure rules adopted by the Federal District Court of the Northern District of Ohio in 2007 require that all foreclosure complaints initiated before 2005 by Chase Mortgage Company must be dismissed and refiled by Chase Homes Finance, the company that bought Chase Mortgage Company. And upon refiling the mortgage company cannot ask for legal fees. This holds true for any other foreclosures where during the litigation the mortgage company changes hands.

To perpetuate the alleged fraud lawyers for Chase Mortgage Company, namely Bricker and Eckler and Lerner, Sampson and Rothfuss, are falsifying notices of foreclosure sale to Bucha, O'Donnell and Reid and leaving off the name of Chase Mortgage Company because they know it no longer exist, and this is after the mortgage company lawyers file a second suit before Cuyahoga Judge Carolyn Friedland who goes along with it but dismissed the second suit in a particular case after grassroots activists complained, and after Cuyahoga County Clerk of Courts Gerald Fuerst allegedly harassed the homeowner with numerous summons of the illegal second suit, and deputy sheriffs sent to harass her at her home to deliver them.

And even after Friedland dismissed the suits, Fuerst is accused of still harassing the homeowners with continual summons. He even went so far as to put on case dockets the date of the required response, though no such response was required since Friedland had dismissed the cases after being exposed.

And though Chase Mortgage Company does not exist anymore Reid is still scheduling foreclosure sales to hurt Black homeowners, saying they must contact O'Donnell to stop it. And he is doing so even without the interior inspections required by state law, and after his chief deputy leaves telephone messages to the homeowners saying that Mason's office said an interior appraisal is required by state law prior to any foreclosure sale

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