When Linda Clark of Lakewood was sued for foreclosure, she thought that despite her struggles to stay in her home she would ultimately have to move. When we stepped in to represent her, we discovered that false and misleading documents created by the notorious Lender Processing Service on behalf of her loan servicer were being produced at the direction of the law firm who was hired to foreclose on Ms. Clark’s home.
We defended Ms. Clark and the Cuyahoga County Court of Common Pleas dismissed her claims. She remains in her home today.
For thousands of other Ohioans, many of whom thought that they couldn’t afford to hire a lawyer, or that they had no defenses to forclosure the result of such false court filings has been to have lost their home to a Plaintiff who couldn’t prove they had standing to foreclose to begin with.
That is why we have joined with several outstanding lawyers and law firms to bring a class action complaint on behalf of Ms. Clark and others who have been the victim of fraudulent foreclosure filings in Ohio. The business practice of suing homeowners in foreclosure on behalf of alleged lenders who cannot prove they have standing to collect on the note or file the foreclosure,violates Ohio’s Consumer Sales Practices Act (“OSPCA”). Our suit, filed yesterday in Cuyahoga County Common Pleas Court, seeks to stop the defendants from engaging in fraudulent foreclosures in Ohio, and seeks damages on behalf of the tens of thousands of Ohioans who have been foreclosed on by alleged lenders who lacked the standing to sue.
Here is a copy of the complaint: