Академический Документы
Профессиональный Документы
Культура Документы
November 2007
1
See In re Foreclosure Complaints, Case Nos. 07CV2282, 07CV2532, 07CV2560, 07CV2602, 07CV2631, 07CV2638,
07CV2681, 07CV2695, 07CV2920, 07CV2930, 07CV2949, 07CV2950, 07CV3000 and 07CV3029 (N.D. Ohio, Oct. 31,
2007).
2
See id. (emphasis in original).
Chicago Indiana Michigan Washington, D.C.
filed, the Court dismissed all 14 foreclosure actions. The dismissals were without prejudice to re-file
at a later date.
In its Order, the Court stated that it has an obligation to preserve the integrity of the judicial
process as well as the jurisdiction of the federal courts; therefore, the unchallenged practice of
foreclosing without establishing diversity jurisdiction and standing should not be allowed to continue.
The Court stated in a footnote that “financial institutions have traditionally controlled, and still control,
3
the foreclosure process.” This same footnote went on to outline the disparate positions of the parties
in the foreclosure process.
Based upon the amount of attention this case has already received in a very short time, we can
expect that diversity jurisdiction and standing will be challenged in virtually every foreclosure action
in which the Plaintiff is not the original lender. Therefore, it is critical to attach a copy of the
assignment, note, mortgage and other supporting documents to the foreclosure complaint. Further,
state recording requirements should be followed to establish the Plaintiff as part of the chain of
title/interest.
For additional information, please contact the following attorneys in the firm’s seven offices:
Chicago – Deborah Thorne, Kevin Driscoll (312-357-1313); Elkhart – Geoff Church, Chris Riley
(574-293-0681); Fort Wayne – Steve Fink, Matt Hohman (260-423-9440); Grand Rapids – Patrick
Mears, John Gregg (616-742-3930); Indianapolis – Alan Mills, Michael McCrory, Wendy Brewer,
Edward Keirn, Melissa De Groff, Mark Owens, Gary Hoke (317-236-1313); South Bend – Mike
Watkins, Mike Hardy, Mark Adey (574-233-1171); and Washington, D.C. – Richard Streeter (202-
289-1313).
This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any
specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to
consult your own lawyer on any specific legal questions you may have concerning your situation.
Please send address changes or requests to opt in or out of these alerts to jodie.daugherty@btlaw.com.
3
See id.
Chicago Indiana Michigan Washington, D.C.