Magistrate Bucha Removed From Foreclosure Cases After Fraud Investigation By Prosecutor Mason

Submitted by JournalistKathy... on Sun, 04/24/2011 - 07:19.

Cuyahoga County Judge John O'Donnell
Cuyahoga County Sheriff Bob Reid
Cuyahoga County Prosecutor Bill Mason

From the Metro Desk of the Kathy Wray Coleman Online News Blog.Com and Cleveland Urban News.Com (www.kathywraycolemanonlinenewsblog.com)

Cuyahoga County Court of Common Pleas Judge John O'Donnell has replaced county foreclosure Chief Magistrate Stephen Bucha on cases involving the no longer existing Chase Mortgage Company with subordinate magistrate Tom Vozar following the initiation of a mortgage fraud investigation two weeks ago by county prosecutor Bill Mason, though O'Donnell has not recused himself from the cases since he supervises Bucha and allegedly directed him on the alleged illegal activity.

Magistrates are manually assigned to foreclosure cases by the 34 judges of the general division of the Cuyahoga County Court of Common Pleas, which is led by Chief Judge Nancy Fuerst, but are under the supervision of the judges, who are ultimately responsible for the case outcomes and the actions of the magistrates, whether legal or illegal.

At issue is the attempt by attorneys for Chase Mortgage Company, which merged and became Chase Home Finance in 2005, foreclosing on homes of Black people when foreclosure rules adopted by the Federal District Court of the Northern District of Ohio in 2007 require that all foreclosure complaints initiated before 2005 by Chase Mortgage Company must be dismissed and refiled by Chase Home Finance, the company that bought Chase Mortgage Company. And upon refiling the mortgage company cannot ask for legal fees. This holds true for any other foreclosures where during the litigation the mortgage company changes hands.

In 2009 the Ohio Supreme Court in Wells Fargo Bank vs. Jordan refused to hear an appeal and let stand a decision by the Ohio Eighth District Court of Appeals that says that foreclosure plaintiffs that no longer own the mortgage for any reason including because the mortgage company has changed hands via a buyout or a merger lack standing to foreclose and that Ohio trial courts thus lack jurisdiction to proceed and must dismiss the cases, a decision that O'Donnell obviously seeks to unethically ignore to help rich and corrupt mortgage companies.

"A person [or entity] lacking any right or interest to protect may not invoke the jurisdiction of the court," the Eighth District Court of Appeals decision reads is part, a decision binding on Cuyahoga County and impacting county foreclosures.

Though O'Donnell has replaced Bucha, an indication, some say, of wrong doing, he still refuses to dismiss the foreclosure cases as required by federal court foreclosure rules and Ohio case law where he has no jurisdiction to hear them since Chase Mortgage Company no longer exist, lacks standing to litigate foreclosures because Chase Home Finance and not it owns or holds the mortgage notes, and is essentially dead. That, say activists, is because he is corrupt and hates Black people and thinks he is above the law because he is White, male, and a member of the Cuyahoga County Democratic Party. To date some 50 party affiliates have pleaded guilty to corruption related charges via an ongoing FBI investigation.

Bucha's office has allegedly advised Black homeowners that the illegal sales would go forward anyway and threatened them to file for bankruptcy or to face O'Donnell's wrath, a wrath that has been protected in spite of the filing of affidavits of prejudice to remove him from cases.

To O'Donnell's aid was former Ohio Supreme Court Chief Justice Thomas Moyer, who was accused of denying sound affidavits of prejudice filed by Blacks and women and sanctioning the illegal activity. He died last April and the seat is now held by Chief Justice Maureen O'Connor, a respected jurist elected to the court in 2002 and to the chief justice seat in Nov.

And Cuyahoga County Sheriff Bob Reid is refusing interior home appraisals for foreclosures as required by state law, coupled with deflating home values in Cuyahoga County on foreclosure sales by more than 60 percent allegedly so that mortgage companies and politically connected people can by them back at reduced prices and then slap the former homeowners with the bill.

In one case a home that the Cuyahoga County Recorder's offices appraised for some $120 thousand just last year is up for sale for some $36 thousand per Reid, and with the sanctioning of Bucha, O'Donnell and county mortgage fraud investigator Tim Lea, who is accused of backing off of mortgage fraud investigations for corrupt Whites involved with the activity and urging Black homeowners to settle to their detriment rather than fight, a conflict of interest, some say.

And one homeowner alleges that she was told that unless she would agree to a loan modification pushed by Lea and Chase Mortgage Company attorneys, Bucha,O'Donnell and others they would allegedly bribe county appraisers to reduce the home value so that the mortgage company or whomever they direct would buy it and benefit at Reid's illegally reduced sale price, a claim supported by the $36 thousand reduction at Reid's direction. Those appraisers, whom O'Donnell approved payment for their illegal activity, are Kevin Kelly, Patrick Walsh and John Lynch, all White men.

Whether Reid, O'Donnell and Bucha are receiving kickbacks for doing in the Black community and others with their foreclosure schemes is not known, though those buying the illegally reduced foreclosures include Cleveland City Council members.

To perpetuate the alleged fraud lawyers for Chase Mortgage Company, namely Bricker and Eckler and Lerner, Sampson and Rothfuss, are falsifying notices of foreclosure sale to Bucha, O'Donnell and Reid and leaving off the name of Chase Mortgage Company because they know it no longer exist, and this is after the mortgage company lawyers file a second suit before Cuyahoga Judge Carolyn Friedland with Chase Home Finance as the plaintiff.

According to case dockets, Friedland goes along with it but dismissed the second suit in a particular case filed by Chase Home Finance while an original suit filed by Chase Mortgage Company against the same homeowner was pending before O'Donnell after grassroots activists complained, and after Cuyahoga County Clerk of Courts Gerald Fuerst allegedly harassed the homeowner with numerous summons of the illegal second suit, and deputy sheriffs from Reid's office were allegedly sent to harass her at her home to deliver them.

And even after Friedland dismissed the suits, Fuerst is accused of still harassing the homeowners with continual summons. He even went so far as to put on case dockets the date of the required response, though no such response was required since Friedland had dismissed the cases after being exposed.

And though Chase Mortgage Company does not exist anymore Reid is still scheduling foreclosure sales to hurt Black homeowners, saying they must contact O'Donnell to stop it. And he is doing so even without the interior inspections required by state law, and after his chief deputy leaves telephone messages to the homeowners saying that the Mason's office said an interior appraisal is required by state law prior to any foreclosure sale.

O'Donnell staff attorney Alexa Beeler referred questions to the foreclosure department.

Mason's office did not respond to a request for comment on the mortgage fraud investigation.

Bricker and Eckler was hired by county officials to investigate potential malfeasance of county employees, a questionable gesture since its attorneys are simultaneously participating in potential mortgage fraud against Black homeowners without county officials saying a single word.

Since County Executive Ed Fitzgerald has adopted ethics rules for county employees like Reid and Fuerst, who are not elected but appointed by Fitzgerald and the Cuyahoga County Council, questions have arisen as to why he and the 11-member county council are permitting the activity to the detriment of the Black community and others.

Fitzgerald campaigned on honest county reform, a campaign that some say has fallen on death ears where Black and other homeowners are concerned, and are seemingly at risk for ongoing mortgage and foreclosure fraud.

Fitzgerald did not return phone calls seeking comment.

--
Posted By Journalist Kathy Wray Coleman to

THE KATHY WRAY COLEMAN ONLINE NEWS BLOG.COM at 4/24/2011 02:26:00 AM

( categories:

Community

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Journalist Kathy

Submitted by westward on Sun, 04/24/2011 - 11:25.

Thanks for the coverage of these issues.

In this story, your say "Whether Reid, O'Donnell and Bucha are receiving kickbacks for doing in the Black community and others with their foreclosure schemes is not known, though those buying the illegally reduced foreclosures include Cleveland City Council members."

Please name the Cleveland City Council members who have purchased these properties.

Thanks.

FRAUD in Foreclosure by Chase

Submitted by Ohiofraudclosure on Sun, 04/24/2011 - 22:22.

Great job -Lets hope this is not just another "announced" but toothless investigation. Chase has been FRAUDulently taking peoples home throughout Ohio for some 6 years now. Especially in Cuyahogo County. Chase is Ohio based and is headquarter state for its foreclosure operations (Robo-Signing and Fraud Affidavits). Their partner and Foreclosure Mill Law Firm - LSR (Lerner Sampsonm, Rothfuss) is being investigated by AG's office and multiple Federal agencies. The LSR firm is also named in multiple fee-splitting probes with LPS (Lender Processing Systems) along with being namrd in a recent class action case by from former AG (Marc Dann)

Please- Mr Mason - don't let you community, city, and state down. Prosecute these thieves!!!!

Fighting FRAUDclosure

FRAUD in Foreclosure by Chase

Submitted by Ohiofraudclosure on Sun, 04/24/2011 - 22:22.

Please- Mr Mason - don't let you community, city, and state down. Prosecute these thieves!!!!

Fighting FRAUDclosure

http://ohiofraudclosure.blogspot.com/

Submitted by lmcshane on Mon, 04/25/2011 - 08:56.

Welcome to REALNEO! We must all speak out against this massive FRAUD.

Thank you for being here!

http://ohiofraudclosure.blogspot.com/

Cleveland City Council members -Foreclosure FRAUD

Submitted by lmcshane on Mon, 04/25/2011 - 08:56.

"Whether Reid, O'Donnell and Bucha are receiving kickbacks for doing in the Black community and others with their foreclosure schemes is not known, though those buying the illegally reduced foreclosures include Cleveland City Council members."

Please Kathy--do elaborate on this story and let REALNEO know how we can bring pressure upon Ed FitzGerald's office to promote the accountability and ethics he touted in his campaign.

You have definitely uncovered, yet, another layer of the foreclosure crisis and the graft, corruption and fraud it conveniently conceals.

Keeping it Simple...Foreclosure Scheme & Corruption at a glance.

Submitted by ANGELnWard14 on Sun, 04/24/2011 - 15:15.

Okay...

1) Master Plans: View the maps of where and what funding & projects are planned from now until 2025 in NEO... This helps to understand where the master planners have decided that funding will be allocated to...and where it will be deprived... IF you learn that your neighborhood is slated for demos and long term "visions" of the area...then you'll soon learn that you'll be "DENIED" all over town for assistance as the entire not for profit industry just needs a "CALL" to use you as a "QUOTA" for their services and to "APPEAR" like they are helping countless citizens.

2) FUNDING PRACTICES: In accordance with the MASTER PLANS, the industry of NOT FOR PROFITS have the long term plans for DEVELOPMENT in Northeast Ohio; particularly Cleveland already being effectuated without regard to who gets caught in the middle of their plans...but do not expect the little pion administrators to comprehend these big plans about your life...they just shuffle the paperwork to keep you feeling as though you are getting help...REMEMBER...without quotas for these agencies....these administrators don't have jobs....big government at it's best...and they are like welfare frauds who get BILLIONS in HUD FUNDING TO ADMINISTER THESE (ALLEGED) PROGRAMS TO HELP THE NEEDY... Think about it... WHERE IS THE $40 MILLION they just got going to be allocated? A great majority of it will go to PAY (EXTRAORDINARY) SALARIES FOR NOT FOR PROFIT ADMINISTRATORS. Why would they want the people to actually get assistance and overcome these dynamics when they are codependent on them as quoatas?

3) Now that you all have been used as PAWNS and QUOTAS to keep these industry professionals in a job....don't open your mouth against their "practices" because they will stonewall you from getting any assistance at all... : ) Lick their behinds, tell them how great their incompetent behinds are, and pray that you measure up to their definition of "needy" so that you can get the trickle down assistance that President Obama allocated for foreclosure assistance...and hope there's enough in the agency's slush fund for the ACTUAL FOLKS IN FORECLOSURE...due to their administrative costs.

4) Don't dissect the facts that they are doing a big business in our community. Don't realize that the average laborer at these agencies is nothing more than an overpaid paper shuffler. Don't realize that THEY NEED YOU to stay in business.

Here's a really good question: Our county got funding to help the low income with their PROPERTY TAXES. That funding went THROUGH Neighborhood Housing Services (ONLY). Why couldn't we have saved millions in administrative salaries and used that money straight through our COUNTY ADMINISTRATION directly to the citizens in distress? Why did all that money have to be filtered through NOT FOR PROFIT AGENCIES? (So we could create JOBS for the GENTRIFIED...at least that is my answer!)

Wasteful spending.

Look, our local government learned to use the people as quotas... The more poor and demographically disadvantaged folks they have...the more paperwork jobs they can create for administrations like the welfare department simply to process applications and control your destiny with wild goose chases for help...ultimately to end up with minimal assistance...

...Get a job, Americans... Pay your bills. Don't ask questions of the case workers as they are just pawns too. Don't ask why your tax bills are going up to pay for administrations that NEED the poor...Heck...>

WHY DO YOU THINK THE PAST COMMISSIONERS WORKED TIRELESSLY TO GET BIG CORPORATIONS HERE FOR THE MEDICAL MART? (SO THERE WAS WORK FOR THE HIGHLY EDUCATED; NOT THE LABORERS....)??? THEY CANNOT SURVIVE WITHOUT QUOTAS!!!!

oH YES...AT A GLANCE...WHO GETS ALL THE CONTRACTS THAT EFFECTUATE THESE PROGRAMS????

THE BEST ASSKISSERS, BACKROOM PLAYERS, AND MOST CONNECTED FOLKS IN TOWN! HELLO...FAMILY AND FRIENDS OF THE ALREADY ELECTED OFFICIALS.... SCRATCHING EACHOTHER'S BACKS...

IT'S COMICAL TO WATCH THE ROAD MAP OF CONNECTIONS....

I HOPE ALL THOSE ADMINISTRATORS REALIZE THAT GOD WILL GET THEM FOR THEIR EVIL CHOICES TO INFLATE SALARIES SEVERAL TIMES THE AVERAGE MEDIAN INCOMES TO EFFECTUATE SAID NFP PROGRAMS. KARMA.... MAY IT HAUNT YOUR ENTIRE LIVES. THE AMERICAN PUBLIC DESERVED BETTER THAN YOUR GREEDY WAYS. NO HUMBLE APPLE PIES IN THOSE BOARD ROOMS THESE DAYS... (THEY HUMBLE HAVE BEEN STEERED OUT!!!)

Alright...Happy Easter.

Always Appreciative, "ANGELnWard14"

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