Another OH Judge Stops Foreclosure

A state court judge in Cincinnati has dismissed a foreclosure action because the securitized trust filing the suit was not the holder of the mortgage at the time it sued the homeowner.

Gloria Byrd, a 66-year-old former Methodist minister with a ballooning adjustable-rate mortgage and a fixed retirement income, was typical of the more than 8,000 local homeowners who faced a foreclosure lawsuit this year.

Until she and her husband, Ellsworth, won.

Last week, a Hamilton County Common Pleas Court judge ruled that Wells Fargo Bank couldn't foreclose on the Byrds' North College Hill home because its lawyers didn't prove that Wells Fargo was the legal owner of the mortgage.

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