Today, Jim Douglass and I filed suit against Ohio’s largest foreclosure mill, Lerner Sampson and Rothfuss on behalf of several home owners. The goal of the class action lawsuit is to seek damages for the thousands of Ohio homeowners who have had foreclosures filed against them by entities that didn’t have the right to foreclose.
The suit alleges that filing lawsuits on behalf of banks and investors who do not actually hold the notes or mortgages that are the subject of the lawsuit is a violation of the Fair Debt Collection Practice Act, Ohio Consumer Sales Practices Act and constitutes abuse of process. We have also alleged that Lerner Sampson and its staff members created and signed assignments, endorsements and affidavits without having actual knowledge of the facts contained in those documents.
Click Here to see the complaint: class action complaint
The Cuyahoga County County Common Pleas Judges have recently enacted much stricter requirements for proof when lawyers like Lerner Sampson are seeking a judgment in a foreclosure case.
Our suit seeks justice for the thousands of homeowners who lost their homes, had their credit destroyed and suffered incredible emotional distress over that past several years.
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I believe I have an identical (or stronger) cause of action against a foreclosure mill law firm in the State of Illinois, but am hesitant because I don’t think any attorneys in Illinois have the guts to go after other attorneys. Seeing what you have done in Ohio makes me hope that you know of an attorney in Illinois that has as much courage and “sense of right and wrong” as you do. If you have the ability to go after an Illinois Law Firm, I would like to speak directly with you.
You are automatically a member of the class, should it be certified by the court.
Thank you. But wouldn’t I get a higher award if I opted out of the class action? I’ve heard that most “class participants” don’t get a very large piece of the pie, and if a person has a strong enough case, they should create their own lawsuit?
It depends on your damages. Most people have damages related to legal fees, some emotional distress and issues related to the diminution of their credit scores. I think it is unlikely that anyone’s individual damages would be sufficient to make separately litigating their claims. That said, if the class is certified, each individual party would have the right to opt out.
About time someone actually took action in these cases. Thanks Marc!
The lawyers are a huge part of this crime of mortgage fraud a crime of terrorism against our economy, investors and homeowners. Attorneys are not above the law and are accountable for fraud up the court. I was approved for a modification loan, then after paying five modification payments A received a letter telling me I was unapproved and since I was approved now my modification payments are now considered partial payments so unless I come up with over twenty-five thousand I am in foreclosure status.
This same mill was involved in my foreclosure. Is this action still open?