The Legal Aid Society of Cleveland’s Volunteer Lawyers Program offers resources and support to the volunteer attorneys who participate in its programs. Support for volunteers includes trainings and continuing legal education seminars that are offered periodically on a wide variety of poverty law topics. In addition, experienced staff attorneys are available to answer questions in extended representation cases. If you are handling a pro bono case and would like to speak to a mentor, please contact the Volunteer Lawyers Program at probono@lasclev.org or call Lauren Gilbride at 216-861-5259.

Click here to access a Case Status Form, to either update a case file or close a case.

Upcoming CLE events will be posted on Legal Aid’s events calendar.

Supporting Materials for Save the Dream Volunteers

Plaintiff’s Standing to Sue
Tax Consequences of Mortgage Workout Plans
Home Modification Affordable Program (HAMP) Overview

Resources added 12/6/2012:

On Oct. 31, 2012, the Ohio Supreme Court issued its 7-0 ruling in the case of Federal Home Loan Mortgage Corp. v. Schwartzwald, holding that a foreclosure plaintiff cannot “cure” a lack of standing by obtaining assignment of the mortgage after a foreclosure action is filed. In the Court’s words, “standing is required to invoke the jurisdiction of the common pleas court, and therefore it is determined as of the filing of the complaint. Thus, receiving an assignment of a promissory note and mortgage from the real party in interest subsequent to the filing of an action but prior to the entry of judgment does not cure a lack of standing to file a foreclosure action.” A copy of the Court’s decision is attached to this email.

On December 5, 2012 — the Ohio Supreme Court issued rulings in six other cases based on the Schwartzwald ruling. In one of the cases (U.S. Bank v. Perry), based on Schwartzwald, the Ohio Supreme Court affirmed an 8th District ruling that a foreclosure plaintiff must hold the note and mortgage at the time a complaint is filed. The Supreme Court reversed and remanded four of the other cases to the trial court for further proceedings consistent with Schwartzwald. The Court’s decisions can be found at the following links:

• Bank of America v. Jimenez, http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-5499.pdf
• Bank of New York v. Blanton, http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-5498.pdf
• Washington Mutual Bank v. Wallace, http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-5495.pdf
• Fifth Third Mortgage Co. v. Bihn, http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-5494.pdf
• U.S. Bank v. Perry, http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-5497.pdf
• IndyMac Federal Bank v. OTM Investments, http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-5496.pdf

The Legal Aid Society of Cleveland filed an amicus brief in the Schwartzwald case and has been closely watching subsequent legal developments. Please stay tuned for further updates, and feel free to contact Legal Aid’s Consumer Law Practice Group if you would like to discuss how Schwartzwald might affect cases you are handling through our Volunteer Lawyers Program.

Resources added 4/13/2011:

Quick Guide to Pooling and Servicing Agreements in Foreclosure Cases
Finding Pooling And Servicing Agreements
Pooling and Servicing Agreements (PSA) – 20 Reasons to Request Production

Supporting Materials for Other Specialty Volunteer Programs will be posted as they become available.