In a letter sent to Ohio judges, the state’s Attorney General Richard Cordray has requested that its courts continue to pay close attention to foreclosure cases that may have affidavits signed by so-called robo-signers and highlighted several Common Pleas courts that have taken action to address the situation.
The letter highlights the following examples:
• In Butler County, Judge Charles Pater issued an order denying a motion to ratify a judgment because "neither the Ohio Civil Rules nor the local rules of this court provide a procedure for or authorize a court to 'ratify' a final appealable order" and stated that "the proper course of action would be for [the lender] to first file a motion to set aside its judgment and then, once the court grants that motion, to refile its motion for summary judgment with a correctly executed affidavit in support."
• In Cuyahoga County, Judge Nancy Russo scheduled a hearing requiring a foreclosure plaintiff "to provide the court with proof of integrity of all documents submitted."
• In Franklin County, Judge John Bender issued an order in a foreclosure case requiring that foreclosure counsel "personally certify the authenticity and accuracy of all documents submitted in support of judgment."
• In Trumbull County, Judge Andrew Logan sent a letter to foreclosure counsel requiring that affidavits state that the signatory "has personal knowledge of the file and has personally reviewed the documents."
