‘Biggest Case In Ohio F’closure Law In A Century’ Takes Unusual Turn; Homeowner’s Mtg. Debt Mysteriously Disappears; Banksters, Lawyers: ‘No Comment!’

“The Duvall case seemed like a good one for the state Supreme Court to rule on to settle the issue but it has taken an unusual twist. You might even call it another bank snafu. The homeowner, Duvall, now owes nothing on his mortgage because – in an action unrelated to the Supreme Court case – the loan servicer cleared his debt completely in June.


Who owns the loan?

The Ohio Supreme Court is taking up the question of what a bank needs to prove to force someone from his home.

The Ohio Supreme Court is getting ready to take on what some are calling the biggest issue in state foreclosure law in a century. The question before the justices is what paperwork does a lender need to force an owner out of his home? For Ohio Public Radio, WCPN’s Mhari Saito reports that what the state’s justices decide could have huge implications for the financial services industry.

Antoine Duvall and his wife and young son waited until after Christmas to move into their freshly renovated two-story house in Cleveland’s Collinwood neighborhood. It was 2006 and Duvall, a salesperson for a legal document services company, had just happily signed a mortgage and a promissory note to get his loan from Wells Fargo. But soon, he started to get letters about his loan.

Antoine Duvall: We started to receive a lot of different information in the mail, not coming from Wells Fargo, saying that the process had changed a little bit and had been transferred or sold to a different entity. So it was kind of a little confusing.

Confusing, perhaps, but definitely the norm. Like many mortgages during the real estate boom, Duvall’s loan was bundled into a bond and sold on Wall Street to a new owner. And like so many loans, that transfer was never recorded in the county recorders office. Antoine Duvall’s attorney Gary Cook:

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10 Responses to “‘Biggest Case In Ohio F’closure Law In A Century’ Takes Unusual Turn; Homeowner’s Mtg. Debt Mysteriously Disappears; Banksters, Lawyers: ‘No Comment!’”
  1. To Tell The Truth says:

    I believe the reason why they removed the debt is because all the mortgages we have are all already paid for…long time ago…

    and also insurance claims (unknown to us) by the banks and servicers and investors upon the insurance companies who paid, I understand, triple damages in many cases the we the homeowner have not heard about…

    So, the plot thickens…if we did indeed create a negotiable item for the banksters by signing our names to a note…then we deserve to be compensated for it…many of us have experienced severe emotional trauma and anxiety and unnecessary stress esp those of us who were making regular on time payments…to have some opportunist servicer/bankster take advantage of the foreclosure tsunami to try to steal our homes….
    Many homes have been broken up, children homeless, lives lost because of this fraudclosure climate….

    God did promise that in the last days all will be expose to the light…America that put their trust in God and then turn its back on Him needs to return to the God of this great nation and have Him fight this out for us…He does seem to be doing an awesome job in exposing all these ugly facts we are now learning of…

    As a tax payer,I believe that our government jumped the gun by bailing out the banks instead of us who actually pay taxes…now we are experiencing a 9-11 from the banks that were saved with our tax dollars…just like the terrorists used our own to destroy us….

    • lvent says:

      They are all thieves and financial terrorists and…to put it plainly…..they never thought they would get caught….I have the same exact case with my commercial property. First Midwest Bank brought the fraudclosure complaint and “sold off the loan” to Bayview L.L.C. with U.S. BANK as “Trustee” for the REMIC..YEAH RIGHT!!! …… in the middle of the fraudclosure suit….There have been 4 illegal conveyances on my public records after the fraudclosure lis pens was recorded and the fraudclosure complaint was filed with the court….They have even reconveyed the loan back to First Midwest very recently..ALL BECA– USE FIRST MIDWEST DOES NOT HAVE THE NOTE AND THAT WAS CONFIRMED TO ME BY THE COURT APPOINTED RECIEVER…..I have recently obtained an attorney and I am going after the crooks to make them show proof of everything and hopefully put an end to this charade…….Dumping loans into REMIC’s after they are in default is a fraudulent slight of hand to make you “think” it is a securitized loan……to try and cover up for all of the Origination fraud and other frauds..like cross-collateralization with my homestead property to hide the fact it was an ALTA loan…then they slipped the ALTA loan into MERS on the cross-collat and the second lender is still using the fraudulent cross-collat even after the original UNENDORSED note and mortgage were paid in full by the original “lender” ( I have them both in my possession) who is now a failed bank Amcore Bank N.A…..and are now hiding in an unsecured,not FDIC insured trust by the name of North Star with in Marshall and Illsley bank……None of these pretender lenders ever legally conveyed a proper assignment or establised their collateral lien……I want the fraudulent loan rescinded and my clear title to my property with monetary damages and then I want them cuffed and hauled off to Cook County Jail to rot with the gang bangers,rapists, robbers and murderers……….If we did this we would have been in prison a long time ago…..

  2. lies is all they tell says:

    about 2 weeks ago i was reading the intranet for the college i work for and i saw that the staff form marco rubios orlando office was at the college. it was only my 2nd day at work but went any way nothing to lose. i spoke to a gentleman who was not to thrilled with my horror story. being to long i signed the privacy. notice and said i would email the office. i sent the office my story c/o this man and he fowarded to his case worker as he told me he would. i just got a call today from wells farg home mortgage. anyone know who christina is? my question is should my lawyer call them. i want this conversation recorded. i want answers. i was current on mortgage when they told me not to pay. any advice would be helpfull. i want some action . i want to stay in my home. i am just so happy a senators office got involved. usually you get told they cant help. i went to a campaign for liberty meeting and spoke up there was a house rep there. i asked the same questions. what was his position on ths motgage fraud issues and he had no comment. so please everyone we need to keep fighting stayiing silent does nothing but cause angina.

  3. Nora says:

    I believe you are right, and I am unanimous in this: THE HO– USE OF CARDS IS ABOUT TO HIT THE DIRT.

  4. housemanrob says:

    Another case where the bank is forced to supply discovery…………and rather than get busted…….opening Pandora’s box….they find a way to back up….oh, the loan figures have been cleared…..ya-da, ya-da, ya-da…the coirts should force them to open the treasure chest….and let out the demons…for all to see!

    • lvent says:

      I do think the tables are begining to turn if you get it and you can find an attorney who gets it……….The mortgage fraud by the entire mortgage industry was massive and pervasive….it effects everything and everyone in America..No one is safe…….Make Wall Street pay and rescind the illicit mortgage’s, they must give clear title back to homeowners.., Abolish the Fed and take the money out of politics…..!!!!

      • lvent says:

        Bloomberg just interviewed Bill Cohen author of the book House of Cards and others, he is also a former banker and now a contibuting editor to Bloomberg news….Mr Cohen is calling for an end the SEC..he says…they are too corrupt and useless……that is not untrue but,
        I believe no agency will work if it is ALLOWED TO BE CORRUPTED…….

      • housemanrob says:


      • I Vent, Take the money out of politics is a good start, en the trillion of dollars of extraction from this country through Taxes, Trade, and Banking

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