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Homeowner wonOther statePending attorney reviewWho may foreclose (standing & assignments)Judicial foreclosure & standing in court

Federal Home Loan Mortgage Corp. v. Schwartzwald

Fed. Home Loan Mortg. Corp. v. Schwartzwald, 134 Ohio St. 3d 13 (2012)

Court
Supreme Court of Ohio
Decided
2012-10-31
Docket
Nos. 2011-1201 and 2011-1362

What happened

Freddie Mac sued the Schwartzwalds for foreclosure before it had been assigned the mortgage, then got the assignment during the case.

What the court decided

The Ohio Supreme Court held standing is determined when the complaint is filed and cannot be cured by a later assignment. The judgment was reversed and the case dismissed.

In the court's words

“standing is required to invoke the jurisdiction of the common pleas court”

Why it may matter to you

In judicial-foreclosure states, the filing date matters. A family's case was dismissed on this rule.

Why it might not apply

Ohio judicial foreclosure; dismissal is often without prejudice, so the lender may refile.

Most useful when

  • The bank suing you got its assignment after it filed the case

How to cite it

The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.

Full citationFed. Home Loan Mortg. Corp. v. Schwartzwald, 134 Ohio St. 3d 13 (2012)Short formSchwartzwald, 134 Ohio St. 3d 13

Draft — check it with free legal aid before you file or say it in court.

In Fed. Home Loan Mortg. Corp. v. Schwartzwald, 134 Ohio St. 3d 13 (2012), the court held that a foreclosing plaintiff must have standing when it files the complaint, and a later assignment cannot cure its absence. Here, [say in one sentence what happened in your case]

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