“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….”
In a decision that expands the scope of Wells Fargo Bank, N.A. v. Byrd, the First District Court of Appeals decided that ratification, joinder, and substitution, under Civil Rule 17, are only appropriate when determination of the proper party to sue is difficult or when an understandable mistake has been made. Bank of N.Y. v. Gindele, 2010 Ohio 542.
Eight District Court of Appeals holds that, in a tax certificate foreclosure action, the burden is on the property owner to rebut the presumptive evidence of the tax certificates. Plymouth Park Tax Services, LLC v. Sayler, 2010-Ohio-675.
The Plain Dealer has reported that Cuyahoga County Sheriff Bob Reid will bar sheriff’s real estate appraisers from purchasing homes that have been sold at Sheriff’s Sale.