(Wall Street Journal) — The paperwork mess muddying home foreclosures erupted last month. But the legal strategy behind it traces to a lawyer’s gambit in 2006 that has helped keep one couple in their home six years beyond their last mortgage payment. Lillian and Robert Jackson stopped paying on their home in Jacksonville, Fla., in 2004 when business dropped off at their cleaning company. Eviction might have seemed inevitable when they faced a foreclosure hearing two years later.
The Ohio Eight District Court of Appeals recently held that a tax certificate is not void if it fails to include all of the parcel numbers that comprise the real estate. Plymouth Park Tax Services, LLC v. Nat’l Apt. Complex Acquisition Group, Ltd., 2010-Ohio-4356.
“The housing mess got a lot messier last week as JPMorgan Chase halted 56,000 foreclosures amid doubts that it had correctly followed laws on the foreclosure process. The announcement came soon after GMAC Mortgage suspended an undisclosed number of foreclosures to gain time to review its legal procedures. There may be more suspensions to come….”