The Court of Appeals decided that although a foreclosure is generally recognized to be an equitable proceeding, and although Ohio has a statute authorizing a sale by a master commissioner in limited circumstances, those circumstances were not present in this case, and therefore, the trial court did not have authority to circumvent a judicial sale of the foreclosed property.
In most foreclosure cases, the Note and Mortgage attached to the Complaint were entered on behalf of an entity that is different than the Plaintiff, yet the Plaintiff conclusorily alleges itself to be the "holder" of the Note (without any ultimate facts explaining how or why that is so).
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agree to accept an offer to purchase the property rather than seek foreclosure. (Transcript at p. 4). However, the Plaintiff was unwilling to accept the proposed purchase agreement to buy the property. (Id.) The loan servicer then made a claim asserting an interest in this Charter One
In several other foreclosure cases pending in the county, where the borrower has not responded to the plaintiff’s complaint, other mortgage holders and servicers are in identical situations, as the court issued notices to appear and show cause why the properties should not be "transferred back to plaintiff without a judicial sale."
Bonnie McGrenaghan initially filed this action in state. notice of foreclosure from FNMA and a statement of the amount necessary to reinstate the loan ($22,790.79).. 2 According to the petition, plaintiff “is unwilling to release the reinstatement money from escrow until such time that
A deed in lieu of foreclosure is not a big improvement over foreclosure. One myth about credit reporting is that a deed in lieu of foreclosure is going to keep you in good standing on your credit record. A deed in lieu of foreclosure is a strong negative mark on a credit record; it is only slightly less damaging than a foreclosure.
2). Plaintiff HSBC alleges that Corinthian is unwilling or unable to execute a recordable instrument confirming its intent that MERS had the authority to transfer the full interest in the mortgage, (Id. <[ 5), and that Corinthian is now a dissolved corporation that continues in existence for purposes of winding up its affairs, (PL’s Compl. <[ 10).