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GMACLawsuit

GMACLawsuit

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Lawsuit filed against GMAC Mortgage alleging mortgage fraud
Lawsuit filed against GMAC Mortgage alleging mortgage fraud

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Published by: Tami Reid Wilson on Oct 19, 2010
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IN THE COURT OF COMMON PLEAS LUCAS COUNTY, OHIO

STATE OF OHIO, ex reI. RICHARD CORDRAY ATORNEY GENERAl_, OF OHIO 30 East Broad Street, I ih Floor Columbus, Ohio 423215

PLAINTIFF

vs,

GMAC MORTGAGE, LIJC

c/o Csc-Lawyers Incorporating Service 50 West Broad St., Suite 1800 Columbus, Ohio 43215

and

ALLY FINANCIAL, INC. c/o Ct Corporation System 1300 East Ninth Street Cleveland, Ohio 44114

and

JEFFREY STEPHAN 42 Lenape Drive #L35 Sellersville, P A 18960

DEFENDANTS

) ) ) ) ) ) ) )

CT'"

• j \

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CASE NO.

JUDGE

)

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

COMPLAINT FOR DECLARATORY RELIEF, PRELIMINARY AND PERMANENT INJUNCTION, DAMAGES, CIVIL PENALTIES AND PUNITIVE DAMAGES

JURY DEMAND ENDORSED HEREON

1

INTRODUCTION

1. Plaintiff, State of Ohio, by and through counsel, Ohio Attorney General Richard

Cordray (the "Ohio Attorney General"), has reasonable cause to believe Defendants

GMAC Mortgage LLC ("GMAC Mortgage"), Ally Financial, Inc ("Ally") and Jeffrey

Stephan ("Stephan") (GMAC Mortgage, Ally and Stephan collectively the "Defendants")

have committed frauds and unfair, deceptive and unconscionable acts and practices on

Ohio consumers and the courts of Ohio through, among other ways, the signing of and

causing the filing in Ohio courts of hundreds of false affidavits and assignments of notes.

GMAC Mortgage has been the plaintiff and/or servicer in hundreds of Ohio mortgage

foreclosure cases in at least the last two years and in those cases used false affidavits,

assignments and other documents to increase its profits at the expense of Ohio consumers

PARTIES

2. The State of Ohio has a sovereign interest in the economic well-being of Ohio

residents and in the mailltenance of the integrity of Ohio's judicial system. The Ohio

Attorney General is the chief law enforcement officer of the State of Ohio. Through the

doctrine of parens patriae and through statutory and common law, the Ohio Attorney

General has the authority to file suits in the courts of Ohio to enforce the right of the public

to: (a) prevent and remedy violations of the Ohio Consumer Sales Practices Act, (b)

prevent and remedy fraud against the public interest; and (c) prevent violations of the

requirement of the Ohio Constitution that Ohio's courts be open and its citizens have

remedy in them by due course of law.

2

3. Plaintiff brings this action on behalf of the State of Ohio in the public interest under the authority vested in him by the Ohio Consumer Sales Practices Act, Ohio Revised Code § 1345.01 et seq. and under his authority to enforce common law to stop the fraud caused by Defendants.

4. Defendant GMAC Mortgage is a Delaware limited liability company licensed to do business in Ohio that acts as (a) the note holder in many foreclosure cases in Ohio and (b) the servicer for trusts acting for investors in securitized transactions in many other Ohio foreclosure cases.

5. Defendant Ally is a Delaware corporation that is the parent of GMAC Mortgage. In its 10Q Quarterly Report for the period ending June 30, 20010, filed with the Securities and Exchange Commission, Ally reported that its "net gain on mortgage loans was $197

million and $348 l11illion for the three months and six months ended June 30, 2010,

respectively, compared to $167 million and $347 million for the same periods in 2009."

6. Defendant Stephan is an individual employee of GMAC Mortgage and a team

leader of mortgage foreclosures for GMAC Mortgage.

JURISDICTION AND VENUE

7. The actions of Defendants, hereinafter described, have occurred in Lucas County and other counties in the State of Ohio and, as set forth below, are in violation of the Ohio Consumer Sales Practices Act, R.C. 1345.01 et seq. ("CSPA") and the common law.

8. Jurisdiction over the subject matter of this action lies with this Court pursuant to

R.C. 1345.04 ofthe CSPA and the common law.

9. This Court has venue to hear this case pursuant to Ohio Civ. R. 3(B)(3) - in that the Defendants conducted activity which gave rise to the claims for relief in several counties in

3

the State of Ohio, including Lucas County - and pursuant to Ohio Civ. R. 3(B)(6) - in that some of the transactions complained of herein, and out of which the claims for relief arose, occurred in Lucas County.

STATEMENT OF FACTS

10. In many mortgage foreclosure cases filed in Ohio, GMAC Mortgage claimed and claims to be the holder of the promissory note and mortgage that form the basis for the foreclosure action, and in these cases GMAC Mortgage is the plaintiff. Attached as Exhibit A are examples of affidavits signed by Defendant Stephan in Ohio foreclosure cases in which GMAC Mortgage is or was the plaintiff (names of borrowers redacted, and any exhibits omitted).

11. In many other Ohio cases, GMAC Mortgage is not the named plaintiff but is the

servicer or sub-servicer for a trustee holding in a "pool" hundreds or even thousands of

mortgages for investors in certificates evidencing ownership interests in the securitized mortgage loans (the "trust"). As a servicer for the trust, GMAC Mortgage is responsible for: collecting payments on the mortgage loans from borrowers and applying them as required by the applicable documents; communicating with the borrowers about insurance and tax payments the borrowers allegedly owe; negotiating with the borrowers over late fees, other fees and loan modifications; initiating and pursuing foreclosure proceedings against borrowers; obtaining affidavits and assignments of mortgage to pursue; and selling properties of the borrowers that have been foreclosed upon. Attached as Exhibit B are examples of affidavits signed by Defendant Stephan in Ohio foreclosure cases in which GMAC Mortgage is or was the servicer or sub-servicer (names of borrowers redacted, and any exhibits omitted).

4

12. GMAC Mortgage acted, and is still acting, as a sub-servicer for trustees in

securitized transactions in many Ohio foreclosure cases. In a securitized transaction with a

master servicer and sub-servicer, the sub-servicer has primary responsibility for

communications with the borrowers and actions taken against the borrower, as the

following excerpt from a Prospectus Supplement for a securitized transaction in which

GMAC Mortgage acted as a sub-servicer shows:

Sub-servicers are generally responsible for the following duties:

• communicating with borrowers;

• sending monthly remittance statements to borrowers;

• collecting payments from borrowers;

• recommending a loss mitigation strategy for borrowers who have defaulted on their loans (i.e. repayment plan, modification, foreclosure, etc.);

• accurate and timely accounting, reporting and remittance of the principal and interest portions of monthly installment payments to the master servicer, together with any other sums paid by borrowers that are required to be remitted;

• accurate and timely accounting and administration of escrow and

impound accounts, if applicable;

• accurate and timely reporting of negative amortization amounts, if any;

• paying escrows for borrowers, if applicable;

• calculating and reporting payoffs and liquidations;

• maintaining an individual file for each loan; and

• maintaining primary mortgage insurance commitments or certificates if required, and filing any primary mortgage insurance claims.

See Prospectus Supplement dated December 6, 2007 (to prospectus dated April 9, 2007)

$2,538,093 RALI Series 2006-QS6 Trust Mortgage Asset-Backed Pass-Through

Certificates, Series 2006-QS6, at http://.www.secinfo.comldlzj61.ulDa.htm#5npc.

13. In order to facilitate the mortgage securitization process, when a borrower executes

a mortgage, typically that mortgage is either (a) granted to Mortgage Electronic

Registration Systems, Inc. ("MERS") or (b) the original mortgage is assigned to MERS.

MERS is a corporation created by the mortgage banking industry whose shareholders

5

consist of banks and other financial institutions, including GMAC Residential Funding Corp., a subsidiary of Defendant Ally.

14. MERS was created by the mortgage banking industry to streamline the mortgage process and save money by using electronic commerce to eliminate paper and the need to file assignments of mortgage every time a mortgage was transferred in the securitization process or subsequent changes in servicing. MERS claims, "Our mission is to register every mortgage loan in the United States on the MERS® System. Beneficiaries of MERS include mortgage originators, servicers, warehouse lenders, wholesale lenders, retail lenders, document custodians, settlement agents, title companies, insurers, investors, county recorders and consumers. MERS acts as nominee in the county land records for the lender and servicer. Any loan registered

on the MERS® System is inoculated against future assignments because MERS remains the nominal mortgagee no matter how many times servicing is traded."

15. Unless MERS is the plaintiff in a foreclosure case, MERS does not hold the note of a borrower arid is not named in the note or any transfer of the note, but simply is named the secured party in the mortgage filed in the local real estate records as the nominee of the note holder.

16. When a trustee of a securitized transaction initiates a foreclosure action as a plaintiff, the servicer, sub-servicer or its agent is responsible for the preparation of the papers filed in the Ohio foreclosure action. In the many securitized transactions in which GMAC Mortgage was or is the servicer or sub-servicer of Ohio mortgage loans, GMAC Mortgage has been responsible for the preparation of the necessary documents, including an Assignment of Mortgage assigning the mortgage from MERS to the trustee. In some

6

cases MERS gives servicers and sub-servicers the authority to execute Assignments of Mortgages from MERS to the trustee. However, MERS never authorizes services or subservicers to execute an Assignment of Mortgage that includes an assignment of a note.

17. In spite of this lack of authority, GMAC Mortgage has caused Assignments of Mortgage to be prepared and executed by agents of GMAC Mortgage that improperly purport to assign the note from MERS to the trustee and falsely claim that the GMAC Mortgage employee executing the Assignment has authority to assign the note on behalf of MERS. Stephan has executed many such improper and false Assignments (see an example attached as Exhibit C) that have been filed in Ohio foreclosure cases and that have the purpose of trying to deceive the borrower and courts as to who is the note holder.

GMAC Mortgage Signed and Filed False Affidavits in 2006

18. In May of 2006, the Circuit Court of the Fourth Judicial Circuit in and for Duvall

County Florida sanctioned the plaintiff in a mortgage foreclosure case (the "Florida Foreclosure Decision") because an employee of GMAC Mortgage Corporation (a predecessor of GMAC Mortgage) had signed a false affidavit on behalf of the plaintiff. The court said, "Plaintiff, through its servicing entity, GMAC Mortgage Corporation, submitted false testimony to the Court in the form of Affidavits of Indebtedness signed and subscribed by a .... 'Limited Signing Officer' with GMAC Mortgage Corporation .... [who] would attest to review of the relevant loan documents ... when in fact ... she neither reviewed the referenced records nor was familiar with the manner in which the records were created by GMAC on behalf of Plaintiff.. .. none of the Affidavits were signed before a Notary." (see attached Exhibit D). The court sanctioned plaintiff in the Florida Foreclosure Decision and ordered GMAC Mortgage Corporation to provide a written confirmation that

7

"affidavits filed in future foreclosure actions in Florida accurately memorialize the actions and conduct of the affiants."

GMAC Mortgage Continued to File False Affidavits in 2009 and 2010

19. Stephan has been a team leader in the foreclosure department of GMAC Mortgage for years, including through at least August 2, 2010. Stephan has been an employee of GMAC Mortgage, or affiliates, for approximately 5 years.

20. In a December 10, 2009 deposition (the "2009 Deposition") in a Florida state court foreclosure case (the "2009 Florida Case"), Stephan testified that his team brought to him approximately 10,000 affidavits and assignments in a month for him to sign ( 2009 Deposition, p.7, Is 18·20).

21. In spite of the Florida Foreclosure Decision, Stephan testified that he did not sign

the affidavits based on his personal knowledge and that he relied on others (2009 Deposition, p: 10,' Is 6.;15). ;H6wever;he'ah;Otestifi'ed that his teamdid not verify the accuracy of the information: "They do not go into the system and verify the information as accurate. We are relying on our attorney network to ensure that they are asking for the correct information." (2009 Deposition, pp. 12-13, Is 16-25 and 1-4). Stephan knew or should have known that these hundreds of affidavits would be filed in Ohio courts and relied upon by Ohio Common Pleas Judges in deciding whether the plaintiff in the particular case had a right to foreclose on Ohio residents.

22. When Stephan executed an affidavit, he testified he did not ascertain who the current promissory note-holder was (2009 Deposition, p. 31, Is. 12-14), even though his affidavits always stated or implied that plaintiff was the holder of the note. The agents of GMAC Mortgage prepared these affidavits to mislead the courts in Ohio on such matters as

8

who kept the applicable records, who the holder of the note was, the amount due to

whoever the holder of the note was, and whether proper notice alleging default had been

sent to the borrower.

23. In spite of his lack of personal knowledge, Stephan swore in the hundreds of

affidavits he signed for Ohio courts that "I have personal knowledge of the facts contained

in this affidavit," or equivalent words (see as examples Exhibits A and B). Stephan signed

hundreds of these false affidavits, and Defendants caused hundreds of these false affidavits

to be filed in hundreds of mortgage foreclosure cases in Ohio.

24. Stephan --- claiming to be an officer of MERS- signed for many Ohio foreclosure

cases Assignments of Mortgage falsely claiming that he assigned a borrower's mortgage

and note from MERS to the plaintiff (see attached Exhibit C), even though he did not have

the authority ofMERS to assign a note to any party.

25. Stephan signed hundreds of affidavits outside of the presence of a notary public

I

(2009 Deposition, p. 13, Is. 10-17) that were filed in Ohio foreclosure cases.

26. Stephan was acting within the scope of his employment with GMAC Mortgage

when he executed the false affidavits, when he executed the affidavits outside the presence

of notaries public and wheIl he executed the false assignments of note from MERS to

plaintiffs in Ohio mortgage foreclosure cases.

27. Ally and GMAC Mortgage had authority over and the right to control the actions of

Stephan and benefited financially from the actions of Stephan. The actions of Stephan

were part of the business plans of Ally and GMAC mortgage.

28. GMAC Mortgage has outsourced various pieces of the foreclosure process. For

instance, GMAC Mortgage contracts with Fiserv, Inc. ("Fiserv") to provide such computer

9

services as recording payments received from, and amounts allegedly due, lenders. Fiserv

advertises that it is a "leading global provider of information management and electronic

commerce services" which provides "solutions for optimizing all aspects of the payments

mix to help create efficiency and growth."

29. GMAC Mortgage employees executed thousands of false affidavits and purported

to enter payments, failures to pay, and other information into computers for the Fiserv

system.

30. It is Fiserv that creates and maintains the records and calculates the amounts

allegedly due from borrowers.

31. In a June 7, 2010 deposition (the "2010 Deposition") in a Maine mortgage

foreclosure case (the "Maine Mortgage Foreclosure Case"), Stephan testified that he did

• ... t_{_. "i 'i.1 1 .L 1 . /""1l\.·K • ,"""1 - _ ... -... - +" 't_ .,. • 1· t

not nave "any knowieuge aoout now \.JlYIA\... ensures the accuracy OJ. the cata enterec In.O

the system" (2010 Deposition, p. 30, Is. 10-13).

32. Lender Processing Services, Inc. ("LPS") provides a separate system that creates

documents for GMAC Mortgage in the foreclosure process and acts as an intermediary

between attorneys for GMAC Mortgage and GMAC Mortgage in the foreclosure process

(2010 Deposition, pp. 35-42 and 56--57).

33. As part of GMAC Mortgage policy, Stephan did not read every paragraph of the

summary judgment affidavits he signed (2010 Deposition, pp. 61-64) that were prepared by

LPS. The summary judgment affidavits signed by Stephan contained inaccuracies.

34. GMAC Mortgage knew or should have known that failure to supervise the accuracy

of the input of information into, maintenance of information in, and calculations provided

by, the outsourced computer systems and document preparation would lead to errors and

10

inaccuracies that would violate GMAC Mortgage's duty to consumers to accurately account for payments received by consumers and payments owed by consumers.

35. GMAC Mortgage and Ally learned of the 2009 Deposition soon after that

deposition, but took no corrective action.

36. During the 2010 Deposition, Stephan testifie'd: (a) he signed the affidavits outside of the presence of a notary (p. 56, Is. 10·,18); (b) when he signed a summary judgment affidavit he did "not inspect any exhibits attached to it" (p. 54, Is. 12-25); (c) he did not read every paragraph of the summary judgment affidavits he signed (p. 60, Is. 24-25 and p. 62, Is. 1-3); and (d) the process he followed "in signing summary judgment affidavits is in accordance with the policies and procedures required of you by GMAC Mortgage." (p.64, Is. 8-14).

37. GMAC Mortgage and Ally ieamed of the 2010 Deposition in June, 2010.

Sanctions in Maine in 2010

38. The Defendant in the Maine Mortgage Foreclosure moved for sanctions for a false affidavit signed by Stephan and relied upon by the court in granting summary judgment for plaintiff. The Maine court held oral argument on the motion on September 1,2010.

39. On September 24, the Maine court vacated the grant of summary judgment and also addressed the motion for a protective order that had been filed that would have prohibited the dissemination of the deposition of Stephan taken in the case. The Maine court said that "Plaintiff points to the embarrassment GMAC and its employees have suffered, and will continue to suffer, from the posting of excerpts from Stephan's deposition transcript on an Internet blog." (p. 3 of Exhibit E) The Maine court denied the motion for protective order, noting "Stephan's deposition was taken to advance a legitimate purpose ... "

11

40. The Maine court then granted the motion for sanctions filed by the borrower, awarding to the borrower the borrower's attorneys fees: "Rather than being an isolated or inadvertent instance of misconduct, the Court finds that GMAC has persisted in its unlawful document signing practices long after and even in the face of the Florida Court's order, and that such conduct constitutes 'bad faith' under Rule 56(g). These documents are submitted to a court with the intent that the court find a homeowner liable to the plaintiff for thousands of dollars and subject to foreclosure on the debtor's residence. Filing such a document without significant regard for its accuracy, which the court in ordinary circumstances may never be able to investigate or otherwise verify, is a serious and troubling matter." (p. 5 of Exhibit E).

41. Since the oral argument in the Maine mortgage foreclosure case was held on September 1, 2010, GMAC Mortgage knew after September 1 that sanctions were imminent.

42. On September 17,2010, Ally sent a memo to "GMAC Preferred Agents" directing these agents that GMAC Mortgage "may need to take corrective action in connection with some foreclosures" in 23 states, including Ohio. In addition, for these states, including Ohio, it directed the agents: (a) "Evictions: Do not proceed with evictions, cash for keys transactions, or lockouts. All files should be placed on hold, regardless of occupant type. (b) REO Closings: Do not proceed with REO sale closings."

43. In spite of his admissions in his depositions, Jeffrey Stephan is still employed by GMAC Mortgage, reflecting the fact that his actions were in accordance with GMAC Mortgage policy.

12

44. In light of the actions of Ally, GMAC and Stephan, the Attorney General of Ohio

has reasonable cause to believe that GMAC employees in addition to Stephan have signed

false affidavits, assignments of notes and other documents in connection with Ohio

foreclosure cases.

45. On September 27, 2010 the Ohio Attorney General sent a letter to the General

Counsel of Ally expressing concerns over GMAC Mortgage's actions and requested that

Ally/GMAC Mortgage describe the steps being taken to remedy the problems identified,

the steps to alert Ohio courts of the problems, including cases that had already proceeded to

a foreclosure judgment, and the actions to ensure that the problems related to its

foreclosure affidavits not re-occur in the future. On September 30, Plaintiff requested that

Ally/GMAC agree not to proceed towards a judgment, sale, eviction, or transfer of any

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propeny III VTIlO untn mere was agreemenl tnat proper remeciai action nan oeen taken.

46. GMAC Mortgage and Ally claim that they will review the affidavits signed by

Stephan and other GMAC Mortgage employees since July of 2009, but not affidavits

signed before July of 2009. They have not yet reviewed the majority of the affidavits

signed by Stephan or other GMAC Mortgage employees. Ally/GMAC Mortgage said they

would review all the affidavits by the end of October of 2010, but did not indicate they

would review any Assignments executed by Stephan, even though they were improperly

prepared and executed.

47. Ally/GMAC Mortgage said they would substitute new affidavits for improper

affidavits, without any assurance of which affidavits they would consider improper and

while still asserting they would rely on their outsourced system for the calculation of

amounts allegedly due. Ally/GMAC Mortgage has not explained how it planned to

13

determine from its review of outsourced computer records who the holder of the note and

mortgage was in any particular case, which of necessity must involve a review of the actual

note, mortgage and any assignments or endorsements.

48. Ally and GMAC Mortgage have refused to halt pursuing mortgage foreclosures

while its "review" is proceeding, even though that will mean more cases will proceed to a

foreclosure judgment based on improper affidavits and assignments of notes and more

Ohio citizens will suffer.

FIRST CAUSE OF ACTION

Violations of the Ohio Consumer Sales Practices Act

49. Plaintiff State incorporates by reference as if completely rewritten herein, the

allegations set forth in paragraphs 1-48 of this Complaint.

50.

Defendant GMAC Mortgage has engaged in a pattern and

deceptive, and unconscionable acts in violation of Ohio Revised Code §§ 1345.02, 1345.03

andlor 1345.031 by authorizing and directing the filing of affidavits, assignments and other

documents that were false and by proceeding to foreclosure judgments in spite of the false

affidavits, assignments and other documents.

51. Defendant Ally has engaged in a pattem and practice of unfair, deceptive, and

unconscionable acts in violation of Ohio Revised Code §§ 1345.02, 1345.03 andlor

1345.031 by directing GMAC Mortgage in its mortgage foreclosure activities, by

benefiting financially from the :filing of false affidavits, the filing of incorrect assignments

and other documents, and by proceeding to foreclosure judgments in spite of the affidavits,

assignments and other documents that were false

14

52. Defendant Stephan has engaged in a pattern and practice of unfair, deceptive, and unconscionable acts in violation of Ohio Revised Code §§ 1345.02, 1345.03 and/or 1345.031 by executing and causing the filing in Ohio courts of affidavits, assignments and other documents that were false.

53. Such acts and practices have been previously determined by a court in Ohio to violate the Consumer Sales Practices Act, R.C. 1345.01 et seq. Defendants committed said violation after such decisions were available for public inspection pursuant to R.C.

134S.05(A)(3)..

SECOND CAUSE OF ACTION

Common Law Fraud

54. Plaintiff incorporates by reference as if completely rewritten herein, the allegations

set forth in paragraphs i -48 of this Complaint.

55. Stephan signed affidavits and other documents in Ohio foreclosure cases (a) which contained representations, (b) which were material to the foreclosure proceedings, ( c) some of which were made with knowledge of their falsity and others which were made with utter disregard for whether they were true or false, (d) which were made with the intent of misleading the courts and opposing parties into relying upon them, and ( e) on which the courts and the opposing parties justifiably relied.

56. Through its agent Stephan and perhaps others, GMAC (a) made representations in Ohio foreclosure cases (b) which were material to the foreclosure proceedings, (c) which were made with knowledge of their falsity or with utter disregard for whether they were true or false, (d) which were made with the intent of misleading the courts and opposing

15

parties into relying upon them, and (e) on which the courts and the opposing parties justifiably relied.

57. Ally directed GMAC Mortgage in its mortgage foreclosure activities in Ohio, benefiting financially from the filing of false affidavits, assignments and other documents. These were (a) representations made at the direction of Ally (b) which were material to the foreclosure proceedings, (c) which were made with knowledge of their falsity or with utter disregard for whether they were true or false, (d) which were made with the intent of misleading the courts and opposing parties into relying upon them, and (e) on which the courts and the opposing parties justifiably relied.

58. The representations of Defendants proximately resulted in injury to our judicial system, the specific foreclosure proceedings in which affidavits signed by Stephan were

filed, and the borrowers in those cases, Ohio consumers. The system of justice in Ohio and

Ohio borrowers have suffered and are suffering irreparable injury by the actions of Defendants, and there is no adequate remedy at law.

PRAYER FOR. RELIEF WHEREFORE, Plaintiff respectfully requests that this Court:

A. ISSUE a preliminary and permanent injunction enjoining GMAC Mortgage and Ally (doing business under any name, their agents, partners, servants, representatives, salespersons, employees, successors and assigns and all persons acting in concert and participation with them, directly or indirectly, through any corporate device, partnership or association):

1. From proceeding to foreclose in any pending Ohio foreclosure case or permit the sale of the related property unless and until Defendants file a

16

certification with this Court and with Plaintiff that Defendants have complied with paragraphs A2 and A3;

2. To file motions to withdraw any motion for summary judgment or motion for default judgment in any pending Ohio foreclosure case that has an affidavit or assignment signed by Stephan and to provide at the time of filing copies of such motions to Plaintiff;

3. To file motions to stay the sale of any property and vacate any foreclosure judgment obtained in any Ohio case in which the property has not yet been sold and in which Stephan signed any affidavit or assignment and to provide at the time of filing copies of such motions to; and

4. From submitting any affidavit in the future in any mortgage foreclosure case

that does not comply with Rule 56(E) of the Ohio Rules of Civil Procedure;

B. Issue a permanent injunction enjoining GMAC Mortgage and Ally (doing business under any name, their agents, partners, servants, representatives, salespersons, employees, successors and assigns and all persons acting in concert and participation with them, directly or indirectly, through any corporate device, partnership or association) to institute and follow written procedures - first submitted to Plaintiff and then approved by this Court - so that in the future:

1. No representative of Defendants will sign an affidavit saying he/she has personal knowledge of the facts alleged in an affidavit if he/she does not have personal knowledge of the facts; and

17

2. To the extent an affiant states he is relying in part on business records (including computer records) rather than personal knowledge of the facts in the business records, there will be a written record establishing the reliability of those records that complies with Rule 56(E) of the Ohio Rules of Civil Procedure.

C. Pursuant to R.C. §1345.07(B) (1) appoint a referee to be paid by Defendants, (2) Order Defendants to file reports with the referee and Plaintiff every three months for two years that show the actions Defendants have taken to comply with the Orders of the Court in this case, and (3) directing the referee to respond to this Court on whether Defendants have complied with the Orders of this Court;

D. ENJOINING Defendants (doing business under any name, their agents, partners, servants, representatives, salespersons, employees, successors and assigns and all persons

acting in concert and participation with them, directly or indirectly, through any corporate

device, partnership or association) from executing any assignment that purports to assign a note on behalf ofMERS;

E. DECLARE that the following acts, each time they occurred, violated the Consumer Sales Practices Act, R.C. 1345.02 and 1345.031: (1) each affidavit that claimed the affiant had personal knowledge when the affiant did not have personal knowledge and (2) each assignment that purported to assign a note on behalf of MERS;

F. ORDER Defendants to pay actual and non-economic damages to all consumers injured by the conduct of the Defendants, including any consumers who were foreclosed upon in an Ohio case in which there was a Stephan affidavit that was not withdrawn pursuant to paragraph A above;

18

G. ASSESS, FINE and IMPOSE upon Defendants a civil penalty of Twenty-Five

Thousand Dollars ($25,000.00) for each separate and appropriate violation described herein

pursuant to R.C. 1345.07(D);

H. A WARD Plaintiff punitive damages in an amount to be determined by the Court;

1. ORDER Defendants jointly and severally liable for all monetary amounts awarded

herein;

J. ORDER Defendants to pay the Plaintiff its attorney fees, court costs incurred in the

prosecution of this action, other litigation expenses including the expenses associated with

retaining experts, and any other relief the Court deems appropriate; and

K. GRANT such other relief as the court deems to be just, equitable and appropriate;

Respectfully submitted

RICHARD CORDRAY

Ohio Attorney General

~

__ "~ A. "UM{__~

Susan A. Choe (0067032) .

Jeffrey R. Loeser (0082144)

Assistant Attorneys General

Consumer Protection Section

30 East Broad Street, 14th Floor Columbus, OH 443215

614.466.1305 [Telephone]

614.728.9470 [Facsimile]

~_L QMO.r,J'<Na--

Douglas Jo Rogers (Oo~t

Special Counsel to the Attorney General of Ohio 30 East Broad Street, 14th Floor

Columbus, Ohio 43215

614.466.1305

614.466.8898 (fax) Douglas.Rogers@ohioattorneygeneral.gov

Counsel for Plaintiff

19

DEMAND FOR JURY TRIAL

Please take notice that Plaintiff State of Ohio ex rel. Ohio Attorney General Richard

Cordray demands a trial by jury in this action.

Respectfully submitted,

RICHARD CORDRAY ATTORNEY GENERAL

~&.~-~

Susan A. Choe (0067032)

Jeffrey R. Loeser (0082144) Assistant Attorneys General Consumer Protection Section 30 East Broad Street, 14th Floor Columbus, OH 443215 614.466.1305 [Telephone] 614.728.9470 [Facsimile]

i?:a*er~60~

Special Counsel to the Attorney General of

Ohio

30 East Broad Street, 14th Floor Columbus, Ohio 43215

614.466.1305

614.466.8898 (fax) Douglas.Rogers@ohioattorneygeneral.gov

Counsel for Plaintiff

20

FILED L.UCAS ClJUNTY

7Dilq NOV 30 A 10: Ol

c

IN THE COURT OF COMMON PLEAS LUCAS COUNTY, OHIO

.................................................... " " " .

GMAC Mortgage, LLC

Plaintiff,

vs.

Defendants.

STATE OF

~~ )

,

) SS Montgol)lery

COUNTY OF

Case No. CTO;}.l~)O'1 (!) yS-b sJudgeC'J _::;7'ac 1/ I

AFFIDAVIT REGARDING

. ACCOUNT AND COMPETENCY AND MILITARY STATUS

Jeffrey Stephan

LUDited Signing Officer (Affiant), being first duly sworn according to law,

deposes and says on the basis of personal knowledge:

1. Affiant is an employee of GMAC Mortgage, LLC, (the "Plaintiff') and is competent to

testify to the matters stated in this Affidavit. GMAC Mortgage, LLC has custody of, and

maintains records related to, the promissory note and mortgage that are the subject of this

foreclosure action.

2. Attached hereto as Exhibits A and B are true and accurate copies of the original Note and

124482146.doc

STATE'S EXHIBIT

A

, .

\.

Mortgage that are the subject of this foreclosure action.

3.

i gned the promissory note and thus promised, among other things, to

l

make monthly payments on or before the date such payments-were due.

4. Plaintiff is entitled to enforce the mortgage on the property commonly known as 1019

Eton Road, Toledo, OH 43615, parcel no. 2026354. The legal description of the Property

is referenced in the Complaint.

5. The note and mortgage are in default because monthly payments have not been made.

6. A written notice of default was given in accordance with the terms of the note and

mortgage. The default was not cured, and thus the sums due under the note were

accelerated. As a result, the full amount of principal and interest due under the note are

now required to be paid. Also required to be paid are all costs and expenses incurred in

enforcing the note to the extent that the payment of such amounts is not prohibited by

Ohio law.

7. Plaintiffis due on the Note principal in the amount of $135,939.95 plus interest on the

unpaid principal at the rate of 6.5% from December 1,2008. Late charges, advances made

for the payment of taxes, assessments, and insurance premiums, and expenses incurred

for the enforcement of the note and mortgage may also be due, to the extent that the

payment of such amounts is not prohibited by Ohio law. If necessary, the final amount of

some or all of these items will be established at a later date.

8.

To the best of Affiant's knowledg.

ire not

minors, incompetent or in the Military Service, as such term is defined in Section 101 (2)

of the Servicemembers Civil Relief Act, as amended, which amended the Soldiers' and

Sailors' Civil Relief Act of 1940,50 U.S.C. App. § 501. Attached hereto as Exhibit C is a

124482146.doc

· " . ..

2009.

document obtained from the web site of the Department of Defense Manpower Data

Center reflecting that

Military status.

_are not on Active Duty

Subscribed and sworn to before

124482146.doc

Notary Public

\

IN THE COURT OF COMMON PLEAS LUCAS COUNTY, OHIO

GMAC Mortgage, LLC

AFFIDAVIT REGARDING ACCOUNT AND MILITARY STATUS

Case No. CilO-2992

Plaintiff,

Judge Ruth Ann Franks

vs.

Defendants.

STATEOF ~ )

) SS COUNTYOF~

Jeffrey Stephan

Umired Siga:ffig Offieer ("Affiant"), being first duly sworn according to law,

deposes and says on the basis of personal knowledge:

1. Affiant is an employee of GMAC Mortgage, LLC, (the "Plaintiff') and is competent to

testify to the matters stated in this Affidavit. GMAC Mortgage, LLC has custody of, and

maintains records related to, the promissory note and mortgage that are the subject of this

foreclosure action.

Ref# IO-5050441EJN

2. Attached hereto as Exhibits A and B are true and accurate copies of the original Note and

Mortgage that are the subject ofthis foreclosure action.

3:,

'gned the promissory note and thus promised, among other things, to

make monthly payments on or before the date such payments were due.

4. Plaintiff is entitled to enforce the mortgage on the property commonly known as 5649

Winona Drive, Toledo, OH 43613, parcel no. 23-04034. The legal description of the

Property is referenced in the Complaint.

5. The note and mortgage are in default because monthly payments have not been made.

6. A written notice of default was given in accordance with the terms of the note and

mortgage. The default was not cured, and thus the sums due under the note were

accelerated. As a result, the full amount of principal and interest due under the note are

now required to be paid. Also required to be paid are aJI costs and expenses incurred in

enforcing the note to the extent that the payment of such amounts is not prohibited by

Ohio law,

7. Plaintiff is due on the Note principal in the amount of $105,542.68 plus interest on the

unpaid principal at the rate of5.75% from October 1, 2009. Late charges, advances made

for the payment of taxes, assessments, and insurance premiums, and expenses incurred

for the enforcement of the note and mortgage may also be due, to the extent that the

payment of such amounts is not prohibited by Ohio law. If necessary, the final amount of

some or all of these items will be established at a later date.

8. To the best of Affiant's knowledge, Richard W Funk is not in the Military Service, as

such term is defined in Section 101 (2) of the Servicemembers Civil Relief Act, as

amended, which amended the Soldiers' and Sailors' Civil Relief Act of 1940, 50 U.S.C.

Ref# lO-5050441EJN

'.

-, ( ,

App. § 501. Attached hereto as Exhibit C is a document obtained from the web site of

the Department of Defense Manpower Data Center reflecting

... ot

on Active Duty Military status.

Subscribed and sworn before me, a Notary Pu c, 's ~'day of ~ ,2010.

~~ Q....J,; VI\b..-,.+

otary Public

COMMONWfALTli OF PENNSYLVANIA Notartal Seal

Heather Reinhart, Notary Public upper Dublin Twp., Montgomery County My CommISSIon expires sept. 9, 2013

Member, PennSYlvania AssocIation of Notaries

Ref# IO·5050441EJN

FILED.

; lie A c: (' 0·· U ~ il V

i, 1..' t\ '" v ,; !

zen JU:~ I I !-\ 9: 5b

IN THE COURT OF COMMON PLEAS LUCAS COUNTY, OHIO

GMAC Mortgage, LLC

Plaintiff,

vs.

..... )

Case No. CIlO-3496

Judge James D Bates

AFFIDA VIT REGARDING ACCOUNT AND MILITARY STATUS

Defendants.

STATEOF ~)

COUNTY OF ~

Jeffrey Stephan Limited Signing Officer

____________ ("Affiant"), being first duly sworn according to law,

deposes and says on the basis of personal knowledge:

I. Affiant is an employee ofGMAC Mortgage, LLC, (the "Plaintiff') and is competent to

testify to the matters stated in this Affidavit. GMAC Mortgage, LLC has custody of, and

maintains records related to, the promissory note and mortgage that are the subject of this

foreclosure action.

Ref# IO·50664IIKMG

2.

Attached hereto as Exhibits A and B are true and accurate copies of the original Note and

r:::l

~ortgage that are the subject of this foreclosure action. ~

.n

signed the promissory note and thus promised, among other things, to

3.

make monthly payments on or before the date such payments were due.

4. Plaintiff is entitled to enforce the mortgage on the property commonly known as 811

National Avenue, Toledo, OH 43609, parcel nos. 01-06021, 01-06024 and 01-06027. The

legal description of the Property is referenced in the Complaint.

5. The note and mortgage are in default because monthly payments have not been made.

6. A written notice of default was given by First Class mail as provided by the terms of the

note and mortgage. The default was not cured, and thus the sums due under the note were

accelerated. As a result, the full amount of principal and interest due under the note are

now required to be paid. Also required to be paid are all costs and expenses incurred in

enforcing the note to the extent that the payment of such amounts is not prohibited by

Ohio law.

7. Plaintiff is due on the Note principal in the amount of $90,622.07 plus interest on the

unpaid principal at the rate of 4% from December 1, 2009. Late charges, advances made

for the payment of taxes, assessments, and insurance premiums, and expenses incurred

for the enforcement of the note and mortgage may also be due, to the extent that the

payment of such amounts is not prohibited by Ohio law. If necessary, the final amount of

some or all of these items will be established at a later date.

8.

To the best of Affiant's knowledge

. 'Ie not in the

Military Service, as such term is defined in Section 101 (2) of the Servicemembers Civil

Relief Act, as amended, which amended the Soldiers' and Sailors' Civil Relief Act of

Ref# IO-5066411KMG

1940,50 U.S.C. App. § 501. Attached hereto as Exhibit C is a document obtained from A

~he web site of the Department of Defense Manpower Data Center reflecting C', {)

iT.

-J ~re not on Active Duty Military status.

Notarfal Seal

Heather Reinhart, Notary PublIc Upper DublIn rwp., Mont9O"', ~i'

commISSIon expIres ,

Member. pennSYlvania AssOdatlOri of Notaries

Ref# IO·5066411KMG

,I

IN THE COURT OF COMMON PLEAS LUCASCOUNTY,0H10

••••• """" 1 •••••••• 1.1 •••••• I "" "' , ••••••••••

Plaintiff,

Judge Linda J Jennings

GMAC Mortgage, LLC

Case No. CIl0-4075

vs.

Defendants.

AFFIDAVIT REGARDING ACCOUNT AND MILITARY STATUS

STATE OF PeIWSYlVaDJ8

MOntgomery) SS

COUNTYOF ~

(Je{~ ~Ln ("Affiant"). being first duly sworn according to law.

deposes and says on the basis of personal knowledge:

1. Affiant is an employee of GMAC Mortgage, LLC, (the "Plaintiff') and is competent to

testify to the matters stated in this Affidavit. GMAC Mortgage, LLC has custody of, and

maintains records related to, the promissory note and mortgage that are the subject of this

foreclosure action.

2. Attached hereto as Exhibits A and B are true and accurate copies of the original Note and

Mortgage that are the subject of this foreclosure action.

Reffl IO-508766/SKD

.J

3. . .. .iigned the promissory note and thus promised, among other things, to

~

~ make monthly payments on or before the date such payments were due.

z:;

4. 5 Plaintiff is entitled to enforce the mortgage on the property commonly known as 1837 til

Northover Road, Toledo, OH 43613, parcel no. 22-36521. The legal description of the

Property is referenced in the Complaint.

5. The note and mortgage are in default because monthly payments have not been made.

6. A written notice of default was given by First Class mail as provided by the terms of the

note and mortgage. The default was not cured, and thus the sums due under the note were

accelerated. As a result, the full amount of principal and interest due under the note are

now required to be paid. Also required to be paid are all costs and expenses incurred in

enforcing the note to the extent that the payment of such amounts is not prohibited by

Ohio law.

7. Plaintiff is due on the Note principal in the amount of$107,960.53 plus interest on the

unpaid principal at the rate of 7.14% from November 2, 2009. Late charges, advances

made for the payment of taxes, assessments, and insurance premiums, and expenses

incurred for the enforcement of the note and mortgage may also be due, to the extent that

the payment of such amounts is not prohibited by Ohio law. If necessary, the final

amount of some or all of these items will be established at a later date.

8. To the best of Affiant's knowledge, Sara E Babcock and David J Babcock are not in the

Military Service, as such term is defined in Section 101 (2) of the Servicemembers Civil

Relief Act, as amended, which amended the Soldiers' and Sailors' Civil Relief Act of

1940,50 U.S.C. App. § 501. Attached hereto as Exhibit C is a document obtained from

Ref# lO-508766/SKD

..

the web site of the Department of Defense Manpower Data Center reflecting th~" C'. - ~l ~. ~l ~ z: ¢

o '1

e ey Stepban Limited Signing Officer

iS~daYOfll)!)e, ,2010.

NOtary(];2aty ~

Subscribed and sworn before me, a No

COMMONWEAL"fH eF peNNSYLVANIA Notartal Seal

Mary Lynch, Notary Public

UpPQr Dubll" Twp., Montgomery County My CommlBJlon E)(Qlres Nov. 3, 2010

Member, Pennsylvania Association of Notaries

Ref# lO·508766/SKD

C",l ;:-1'"1

t 1.._ '-_ .... j

~.UCr\S COUNi'Y

IN THE COURT OF COMMON PLEAS LUCAS COUNTY, OHIO

GMAC Mortgage, LLC

Plaintiff,

vs.

Defendants.

Pennsylvania

STATE OF ~~

loJ1.0ntgOIll~S

.~

COU~:_-;'Y OF

-----'

Case No. C 7... o..2oe'"1 Q CO 53Cc. Judge JG"''_'Se~

AFFIDAVIT REGARDING ACCOUNT AND MILITARY STATUS

!e!1i'ey Stephan

___ ~L .... lw.mwlt.l;led;,j-,$~igmnS'l±·fH:gMO~ffi!F....cer_- ("Affiant"), being first duly sworn according to law,

deposes and says on the basis of personal knowledge:

1. Affiant is an employee of GMAC Mortgage, LLC, (the "Plaintiff") and is competent to

testify to the matters stated in this Affidavit. GMAC Mortgage, LLC has custody of, and

maintains records related to, the promissory note and mortgage that are the subject of this

foreclosure action.

2. Attached hereto as Exhibits A and B are true and accurate copies of the original Note and

Mortgage that are the subject of this foreclosure action.

09-505927-A vv

3.

igned the promissory note and thus promised, among other things, to

make monthly payments on or before the date such payments were due.

4.

Plaintiff is entitled to enforce the mortgage on the property commonly known as 1694

Pine Lawn, Toledo, OH 43614, parcel no. 12-33591. The legal description of the Property

is referenced in the Complaint.

5. The note and mortgage are in default because monthly payments have not been made.

6. A written notice of default was given in accordance with the terms of the note and

mortgage. The default was not cured, and thus the sums due under the note were

accelerated. As a result, the full amount of principal and interest due under the note are

now required to be paid. Also required to be paid are all costs and expenses incurred in

enforcing the note to the extent that the payment of such amounts is not prohibited by

Ohio law.

7. Plaintiff is due on the Note principal in the amount of$79,785.37 plus interest on the

unpaid principal at the rate of5.5% from July 1, 2009. Late charges, advances made for

the payment of taxes, assessments, and insurance premiums, and expenses incurred for

the enforcement of the note and mortgage may also be due, to the extent that the payment

of such amounts is not prohibited by Ohio law. If necessary, the final amount of some or

all of these items will be established at a later date.

8.

To the best of Affiant's knowledg

is not in the Military Service, as

such term is defined in Section tot (2) of the Servicemembers Civil Relief Act, as

amended, which amended the Soldiers' and Sailors' Civil Relief Act of 1940,50 U.S.C.

App. § 501. Attached hereto as Exhibit C is a document obtained from the web site of

09-505927-A vu

the Department of Defense Manpower Data Center reflecting th. -

not on Active Duty Military status.

Subscribed and sworn to before me, a Notary

Notarial Seal

Heather Reinhart, Notary Public Upper Dublin Twp., Montgomery COunty My COmmission expires Sept 9, 2013

Member, Pennsvtvanla Association of Notaries

09-505927-A VU

, "

IN THE COURT OF COMMON PLEAS LUCAS COUNTY, OHIO

GMAC Mortgage, LLC

Plaintiff,

vs.

-

. __ , _~ _-,a,

~/

Defendants.

Case No: ;

, , "

I

; CI -201001758

Judge Denise Ann Dartt

AFFIDAVIT REGARDING ACCOUNT AND MILITARY STATUS

STATE OFennsvlvama )

) SS ,}t\ COUNTY oM~tgomery )

?e!frey Stephan

--_Limited-==>:>LlS ..... igD~ia'*'g~OHi*fl:ce,..,..,...I-- ("Affiant"), being first duly sworn according to law,

deposes and says on the basis of personal knowledge:

1. Affiant is an employee ofGMAC Mortgage, LLC, (the "Plaintiff') and is competent to

testify to the matters stated in this Affidavit. GMAC Mortgage, LLC has custody of, and

maintains records related to, the promissory note and mortgage that are the subject of this

foreclosure action.

Ref# 10-500 I 59/ajm

'.

2. Attached hereto as Exhibits A and B are true and accurate copies of the original Note and Mortgage that are the subject of this foreclosure action.

signed the promissory note and thus promised, among other things, to make monthly payments on or before the date such payments were due.

4. Plaintiff is entitled to enforce the mortgage on the property commonly known as 5631 FryerStreet, Toledo, OH 43615, parcel no. 20-26686. The legal description of the

3.

Property is referenced in the Complaint.

5. The note and mortgage are in default because monthly payments have not been made.

6. A written notice of default was given in accordance with the terms of the note and mortgage. The default was not cured, and thus the sums due under the note were accelerated. As a result, the full amount of principal and interest due under the note are now required to be paid. Also required to be paid are all costs and expenses incurred in enforcing the note to the extent that the payment of such amounts is not prohibited by Ohio law.

7. Plaintiff is due on the Note principal in the amount of$29,489.80 plus interest on the unpaid principal at the rate of 8.25% from September I, 2009. Late charges, advances made for the payment of taxes, assessments, and insurance premiums, and expenses incurred for the enforcement of the note and mortgage may also be due, to the extent that the payment of such amounts is not prohibited by Ohio law. If necessary, the final amount of some or all of these items will be established at a later date.

8, To the best of Affiant's knowledge __ is not in the Military Service, as such term is defined in Section 101 (2) of the Servicemembers Civil Relief Act, as amended, which amended the Soldiers' and Sailors' Civil Relief Act of 1940, 50 U.S.C.

Ref# 10-500 159/ajm

· .

App. § 501. Attached hereto as Exhibit C is a document obtained from the web site of

the Department of Defense Manpower Data Center reflecting that '.1'

.~ not

on Active Duty Military status.

Subscribed and sworn before me, a Notary

~MONWEAL.TH OF PENNSYLVANIA

Ref# 10-500 I 59/ajrn

s-;» \.
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.' 1.....::
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(cjl<)
LUCAS COUNTY, OHIO \:-Ij ;:_- 0

, 1,_.... r v

. .-. \S COlJN i I

1.010 APR 20 P ~: I 2

Plaintiff

! Case No. i

i

j Judge Gary Cook

i

!

I

iAFFIDAVIT OF STATUS OF ACCOUNT lAND MILITARY AFFIDAVIT

!

I

!

GMAC Mortgage, LLC

-vs-

Defendants

Now comes

Jeffrey Stephan Limited Signing Officer

Affiant herein, and

being first duly sworn, states

1. Affiant is a

as follows:

!e!frey Stephan LumUld Signing Officer

with GMAC

Mortgage, LLC. In this job position, Affiant has the custody of

and has personal knowledge of the accounts of said company, and

specifically with the account of Leon Blackman and Sonya L.

Blackman, defendants herein.

2. Affiant states that said account is in default and that

plaintiff has elected to call the entire balance of said account

due and payable in accordance with the terms of the note and

mortgage attached to the Complaint.

3. Affiant states that there is due on said account a

principal balance of $57,314.50, together with interest thereon

from the date of default at the rate specified in the note, late

charges and advances for taxes, insurance or otherwise expended

to protect the property.

.'

-o ...

4. Affiant states that none of the defendants herein are

in the military service as defined by the Servicemembers' Civil

Relief Act of 2003.

STATE OF -.1..e-=.~ _

Subscribed and sworn to (or affirmed) before me on this

_-~LJ7'"r-- da y 0 f ___;_-1&f<,+="='=..L.!'_____ 2 0 [Q by

'. T)...-6-f-o~ proved to me on the basis of

s a t i s f ac t o ry evidence to be the person (s) who appeared before me.

Expires:

COMMONWEAlTH OF PENNSYLVANIA Notal181 seal

Trinll Wlltbank, Notary Public Upper DuDlln TWp., MOntgomery COunty My Qlmm]!lllcl[! ~Ires Sept. 10, 2013

Member, Pennsylvania AssocIatIOn of NotiIr1e5

,~ ,.
.l ' .
I, .... '\.
IT ·i. 201002922

(de) ~

1401

z:

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¢

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n 1\ \\: 01 2m\) ~?\\ - -, r»

COURT OF COMMON j'~ Plt.I\S C~\JR1 LUCAS COUNTY, 6i=lI~f~~H\E. ~~\6~~ IS

ClEPY, (Ir '

!Case No.: CI020l00l560

I I

Plaintiff, i Judge: Frederick H. McDonald I

I

!AFFIDAVIT IN SUPPORT

I

i OF MOTION FOR SUMMARY

! JUDGMENT

j

i

Defendants.! ~ermanent Parcel No.: 32-30385

Jeffrey Stephan

"1 ;mited Signing Officer

.-...." . _ 4, ••

GMAC Mortgage, LLC

-vs-

Now

affiant

herein,

comes

and being first duly sworn, states as follows:

Jeffrey Stephan

1. Affiant's position is Limited Signing Officer

of

GMAC Mortgage, LLC. In such job position affiant has the custody

of the accounts of said company, including the account of Heather

Goodman, defendant herein. Affiant states that the records of the

accounts of said company are compiled at or near the time of

occurrence of each event by persons with knowledge of said events,

that said records are kept in the course if its regularly

conducted business activity, and that it is the regular practice

to keep such records related to the business activity.

2. Plaintiff is the holder of the note, mortgage and

assignment which are the subject of the within foreclosure action.

True and accurate reproductions of the originals as they exist in

Plaintiff's files are attached hereto as Exhibits "A" I "8" and

"C".

3. Affiant states that there has been a default in payment

under the terms of the aforesaid note and mortgage. The account

is due for the October 1, 2009 payment and all subsequent

payments.

Plaintiff has therefore elected to accelerate the

entire balance due.

4. Affiant states that there is due on said account a

principal balance of $110,048.35, together with interest thereon

from September 1, 2009 at 3.875 percent per annum and as may be

subsequently adjusted if provided for by the terms of the note,

and advances for taxes, insurance or otherwise expended to protect

the property.

STATE OF -J--.'-ftl---COUNTY OF m~

ey Stephan United Signing Officer

ss:

Subscribed and sworn

36 q da1~

satisfactor;diXdence to

to (or affirmed) before me on this !Yla,i..~ 20 [0 by

proved to me on the basis of be the person (s) who appeared before

me.

C:ft!iJihJ2dJ

Notary Publ'

My Commission Expires:

COMMONWEALm OF PENNSYLVANIA NOTARIAL SEAL

Cindy A Stewart, Notary Public Upper Dublin Twp, Montgomery County My Qommission expire. October 19, 2013

2

';'

,.

20~950681 Ij!b)

:~ ·0:

" f,I)

. \ . '

COURT OF COMMON PLEAS LUCAS COUNTY, OHIO

GMAC Mortgage, LLC

i Case No.: CI0200908558

I

i

! Judge: Charles J. Doneghy i

i

jAFFIDAVIT IN SUPPORT C iOF MOTION FOR SUMMARY

1 JUDGMENT

i

i

i

i

!Permanent Parcel No.: 20-08209

I

!

Plaintiff,

-vs-

Defendants.

Now comes

affiant herein,

and

being first du y sworn, states as follows:

1. Affiant's position is ~~~WJ 'I

Mortgage, LLC. In such job position affiant as the custody

of

GMAC

of the accounts of said company, including the account of [

defendant herein. Affiant states that the records of

the accounts of said company are compiled at or near the time of

occurrence of each event by persons with knowledge of said events,

that said records are kept in the course if its regularly

conducted business activity, and that it is the regular practice

to keep such records related to the business activity.

2. Plaintiff is the holder of the note and mortgage which

are the subject of the within foreclosure action.

True and

, .

, ,

accurate reproductions of the originals as they exist in

Plaintiff's files are attached hereto as Exhibits "A" and "B".

3. A copy of the Assignment, which accounts for documented

evidence that the Plaintiff is the holder of the note and mortgage

which are the subject of the within foreclosure action, is

attached hereto as Exhibit He".

4. Affiant states that there has been a default in payment

under the terms of the aforesaid note and mortgage.

The account

is due for the August 1, 2009 payment and all subsequent payments.

Plaintiff has therefore elected to accelerate the entire balance

due.

2

s.

Affiant states that there is due on said account a

principal balance of $131,246.32, together with interest thereon

from July 1, 2009 at 6.875 percent per annum and as may be

subsequently adjusted if provided for by the terms of the note,

and advances for taxes, insurance or otherwise expended to protect

the property.

STATE OF

COUNTY OF

sat me.

\~~odJ~L\ t~lX)k~+-

(Notary Public

My Commission Expires:

COMMON PENNSYLVANIA

Notarial Seal

Heather ReInhart, Notary Public Upper Dublin Twp., Montgomery County

f.fy Commission Elcpfres 9, 2013

3

i

"

FILED

, "" • '"' l"OUllTY

L. ' J I,. ,\:, J I"'

?'~~ SEP 23 P 12; 35

"r<".~'}).j n.r :,s r.nurn '. r IJ!:: i. T! ; (

. : , ~;' ~ '~

IN THE COURT OF COMMON PLEAS LUCAS COUNTY, OHIO

GMAC Mortgage, LLC

Plaintiff,

vs.

Defendants.

STATEOF 'b ) COUNTYOF~

Case No. CI0200906359

Judge Charles J Doneghy

AFFIDAVIT REGARDING ACCOUNT AND COMPETENCY AND MILITARY STATUS

Jeffrey Stephan

____ I_,irn_ite_d_S_ign=-_in_g_O_ffi_ce_r_ ("Affiant"), being first duly sworn according to law,

deposes and says on the basis of personal knowledge:

1, Affiant is an employee ofGMAC Mortgage, LLC, (the "Plaintiff') and is competent to

testify to the matters stated in this Affidavit. GMAC Mortgage, LLC has custody of, and

09-501607-aJm

maintains records related to, the promissory note and mortgage that are the subject of this

foreclosure action.

2.

Attached hereto as Exhibits A and B are true and accurate copies of the original Note and

Mortgage that are the subject of this foreclosure action .

3.

. signed the promissory note and thus promised, among other things, to

make monthly payments on or before the date such payments were due.

4. Plaintiff is entitled to enforce the mortgage on the property commonly known as 6064

Brookstone Village Lane, Sylvania, OH 43560, parcel no. 79-74441. The legal description

of the Property is referenced in the Complaint.

5. The note and mortgage are in defau It because monthly payments have not been made.

6. A written notice ofdefault was given in accordance with the terms of the note and mortgage.

The default was not cured, and thus the sums due under the note were accelerated. As a

result, the full amount of principal and interest due under the note are now required to be

paid. Also required to be paid are all costs and expenses incurred in enforcing the note to the

extent that the payment of such amounts is not prohibited by Ohio law.

7. Plaintiff is due on the Note principal in the amount of$199,689.58 plus interest on the

unpaid principal at the rate of 6.5% from March 1,2009. Late charges, advances made for

the payment of taxes, assessments, and insurance premiums, and expenses incurred for the

enforcement of the note and mortgage may also be due, to the extent that the payment of

such amounts is not prohibited by Ohio law. Ifnecessary, the final amount of some or all of

these items will be established at a later date.

8.

To the best of Affiant's knowledg, '

/are not minors,

incompetent or in the Military Service, as such term is defined in Section 101 (2) ofthe

Servicemembers Civil Relief Act, as amended, which amended the Soldiers' and Sailors'

09-501607-ajm

Civil Relief Act of 1940, 50 U.S.C. App, § 501. Attached hereto as Exhibit C is a document

obtained from the web site of the Department of Defense Manpower Data Center reflecting

I ~ are not on Active Duty Military status .

. "--- ~ ~ ~--

Subscribed and sworn to before me, a Notary

09.501607·aJm

· .

20]012342 (de)

....

COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO

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J> CJ
-
_o 'i .. GMAC Mortgage, LLC Case No.: A1003389

Plaintiff, Judge: Melba Marsh

-vs- AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

Defendants. Permanent Parcel No.: 590-0391- 0363

~fcP4~ affiant herein,

e

sworn, states as follows:

1. Affiant's position is

of

GMAC Mortgage, L1C.

In such job position affiant has the custody

of the accounts of said company, including the account of Kathleen

L. Lucas, defendant herein.

Affiant states that the records of

the accounts of said company are compiled at or near the time of

occurrence of each event by persons with knowledge of said events,

that said records are kept in the course if its regularly

conducted business activity, and that it is the regular practice

to keep such records related to the business activity.

2. Plaintiff is the holder of the note, mortgage and

assignment which are the subject of the within foreclosure action.

True and accurate reproductions of the originals as they exist in

Now comes

and being first duly

>, •

Plaintiff's files are attached hereto as Exhibits "A", "B" and

"C".

3. Affiant states that there has been a default in payment

under the terms of the aforesaid note and mortgage.

The account

is due for the January 1, 2010 payment and all subsequent

payments.

Plaintiff has therefore elected to accelerate the

entire balance due.

4. Affiant s t at e s that there is due on said account a

principal balance of $57,084.35, together with interest thereon

from December 1, 2009 at 6.5 percent per annum and as may be

subsequently adjusted if provided for by the terms of the note,

and advances for taxes, insurance or otherwise expended to protect

the property.

STATE OF

Jeffrey Stephan Limited Signing Officer

ss:

COUNTY OF

me.

affirmed)

before :e on this

20 Lt) by

on the basis of appeared before

Expires:

2

THE STATE OF OHIO HAMILTON COUNTY

HAMILTON COUNTY COURT OF COMMON PLEAS

To, Simon L. Leis, Sheriff of Hamilton County, Greetings,

Whereas, on the

6TH dayof APRIL2010,

GMAC MORTGAGE,

Plaintiff, filed in our Court of Common Pleas, in and for the County of Hamilton aforesaid, its certain Complaint against

Defendant praying therein, among other things, for the

SALE OF CERTAIN REAL ESTATE

in said Complaint and hereinafter described. And whereas afterwards - to wit: on the

14TH day of

SEPTEMBER,

2010 of said Court of Common Pleas - an order was made in said Court, in said cause, and

entered upon its Journal, finding among other things,

We therefore command you that you faithfully execute the above and foregoing Order of our said Court of Common Pleas, agreeably to the provisions of the statute of Ohio in such case made and provided, and of your proceedings herein, together with this writ, make the due return to our said Court according to law.

By order of Court,

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of said Court at

Cincinnati, this

17TH day of SEPTEMBER, A.D. 2010

PATRICIA M. CLAI\JCY

Clerk, Court of Common Pleas, Hamilton County, Ohio

,.,--" ./1

I_) \ _r'X'-"~'-'

-\ ..._.. '-,.,.. u 0

, Deputy

NO. A 1003389

HAMILTON COUNTY COURT OF COMMON PLEAS

GMAC MORTGAGE, Plaintiff against

. Defendant

Order for SALE

Returnable According to Law LERNER SAMPSON & ROTHFUSS, Attorney (513)241-3100

CLERK FEES $6.00

PAID BY TAXED IN COSTS SHERIFF'S FEES

SALEDA1E

ADDRESS

CITyrrOWNSHIP _

DA1E APPRAISED _

APPRAISED V ALUE _

VAC

OCC

SEC

EG

RE

NE

#OFPARCELS _

# OF DEED PAGES _

NON-REG. _

REG. _

REG. &NON-REG. _

TOTAL FEES: _

o UJ.

, _.

LL

200932813 (tr)

COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO

GMAC Mortgage LLC successor by merger to GMAC Mortgage Corporation

lCase No. A0906992 !

Judge Pat DeWine

Plaintiff

-vs-

AFFIDAVIT OF STATUS OF ACCOUNT AND MILITARY AFFIDAVIT

Defendants

Now comes

Jeffrey Stephan Limited Signing Officer

Affiant herein, and

being first duly sworn, states as follows:

1.

Affiant is a

with GMAC

Mortgage LLC successor by merger to GMAC Mortgage Corporation. In

a'" .

~iS j~~osition, Affiant has the custody of and has personal - ~;:::

~owleag~~f the accounts of said company, and specifically with

.::r ::r: u., c.. '.

the acc~~E~ of (, defendant herein.

0.. Lie;;-

t!;5 e:::: t....:: =:-:'

c:r 2.r:;:_.)Affiant states that said account is in default and that

c::) .. -.. u <:

~ 0... ~

plaintiff has elected to call the entire balance of said account

due and payable in accordance with the terms of the note and

mortgage attached to the Complaint.

3. Affiant states that there is due on said account a

principal balance of $36,632.24, together with interest thereon

from the date of default at the rate specified in the note, late

IIIIIIIIII~

. D850126~2

.- .

200932813

charges and advances for taxes, insurance or otherwise expended

to protect the property.

4. Affiant states that none of the defendant(s) herein are

in the military service as defined by the Servicemembers' Civil

R~lief Act of 2003.

STATE OF

r

Jeffrey Stephan Limited Signing Officer

COUNTY OF

I'} ~Subscribed and sworn to !!J( r affirmed) - before /";:n~ on this 0U day of --\U-l-I~t'-'-~-.£.Jo.LI------' 2011.::t-, by

JeffrevSteohan prov to me on the basis of

satisfactofy' evidence t~o be the person (s) who appeared before me.

My Commission Expires:

COMMONWEALTH OF ?ENNSVLVANlA Notarial Seal

Mary Lynch, Notary Public

Upper Dublin Twp .• Montgomery County My CCmmlS!Olon Expires Nov. 3, 2010

Momber, Pennsylvanle Association of Notaries

(

200924577

(kg) 2009 JUL 2L! A

fO: WURT OF COMMON PLEAS

~~AMILTON COUNTY, OHIO

GMAC ~1~~k~~g~i1~.fil:~Nr.~ccessor by merger "tOI ,GMf\~L,MSiN~.?age Corporat ion ':/' :ft'T'r', Ot!

Case No. A090S0S9

Judge Norbert A. Nadel

Plaintiff

-vs-

AFFIDAVIT OF STATUS OF ACCOUNT AND MILITARY AFFIDAVIT

Ellen Paige Traynor, et al.

Defendants

Now comes

Jeffrey Stephan Limited Signing Officer

Affiant herein,

and

being first duly sworn, states as follows:

1.

Affiant is a

with GMAC

Mortgage, LLCsuccessor by merger to GMAC Mortgage Corporation.

In this job position, Affiant has the custody of and has personal

knowledge of the accounts of said company, and specifically with

the account of

~, defendant herein.

2. Affiant states that said account is in default and that

plaintiff has elected to call the entire balance of said account

due and payable in accordance with the terms of the note and

mortgage attached to the Complaint.

3. Affiant states that there is due on said account a

principal balance of $119,097.70, together with interest thereon

from the date of default at the rate specified in the note, late

111111111 nm

D84403441

t:

charges and advances for taxes, insurance or otherwise expended

to protect the property.

4. Affiant states that none of the defendant(s) herein are

in the military service as defined by the Servicemembersl Civil

Relief Act of 2003.

COUNTY OF

Jeffrey Stepban Limited Signing Officer

STATE OF

Su:S:ribed and sworn t9 ,(.PlJ\ affirmed)

_~_+L--"U=- day of --'\._JL..>\oI-'\v-M-----"~----

____ ~-- J~e~f~fr~e~y~S~te~n~h~a~n~ proved to me on the basis of

satisfacto-ry evidence to b h"e person (s) who appeared before me.

before me

20 OG)

on this by

Public

Expires:

ONWEAl. TH OF PENNSYLVANIA

NOTARIAL SEAL

~ TWMlfr, Nt;J1ory Pvbh(. ~, Dublin '''''PJ Man1~e,y CO""'y

t:O~HIOf1 E"'tJ1(el Ncv 9, 2Q t ~

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D84515270

200923694

(tr) Inn~ jUL "3 \

A \0: t 5 I

COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO

i Case No. A0904949 i

I

i Judge William L. Mallory

Plaintiff

-vs-

AFFIDAVIT OF STATUS OF ACCOUNT AND MILITARY AFFIDAVIT

Defendants

Now comes

Affiant herein, and

being first duly

follows:

1.

Affiant is a

lso

with GMAC

Mortgage, LLC successor by merger to GMAC Mortgage Corporation.

In this job position, Affiant has the custody of and has personal

knowledge of the accounts of said company, and specifically with

the account of

defendant herein.

2. Affiant states that said account is in default and that

plaintiff has elected to call the entire balance of said account

due and payable in accordance with the terms of the note and

mortgage attached to the Complaint.

3. Affiant states that there is due on said account a

p~incipal balance of $93,619.78, together with interest thereon

f~om the date of default at the rate specified in the note, late

~ .. :

200923694

charges and advances for taxes, insurance or otherwise expended

to protect the property.

4. Affiant states that none of the defendant(s) herein are

in the military service as defined by the Servicemembers' Civil

Relief Act of 2003.

STATE OF

Jeffrey Stephan IJaMted Signing Officer

NO'AIiAl SEAL

S.\,I~ J...,..~r. "No'ory PvbUc:. ~pe. Dvb,Wn '''P,. "' .... ' .. ornery Cooo.y " .. , ~.-.untu~on h if.' Nov, 9, 20. i

affirmed) before me on this

__ ~~~~ , 20 ~q I by

proved me on the~is of be the erson (s) who appeared before

CI~L~

WEAlTH OF PENNSYLVANIA

My Commission Expires:

200923632 (kg)

COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO

Defendants

i Case No. A0904832 i

i

i Judge Jerome J. Metz i

i

i

) AFFIDAVIT OF STATUS OF ACCOUNT !AND MILITARY AFFIDAVIT

i

i

;

i

i

i

J

i

GMAC Mortgage, LLC successor by merger to GMAC Mortgage Corporation

Plaintiff

-vs-

Now comes

Jeffrey Stephan

Limited Signing Officer, Affiant herein, and

being first duly sworn, states as follows:

kStr

1.

Affiant is a

with GMAC

Mortgage, LLC successor by merger to GMAC Mortgage Corporation.

In this job position, Affiant has the custody of and has personal

knowledge of the accounts of said company, and specifically with

the account of

defendants herein.

2. Affiant states that said account is in default and that

plaintiff has elected to call the entire balance of said account

due and payable in accordance with the terms of the note and

mortgage at ta~altti1i){)::b:eL!.CPfflIll.w.int .

SHJnO:) JO >iCl3lJ

3. Affi4.rt~V'"'k1:'M.'gkJl~.lN'at there is due on said account a

principal balance of $40,442.00, together with interest thereon

Et :01 'V £ I lnr bOOl

from the date of default at the rate specified in the note, late

IIIIJJJJII~}

03ll;:j

200923632

charges and advances for taxes; insurance or otherwise expended

to protect the property.

4. Affiant states that none of the defendant(s) herein are

in the military service as defined by the Servicemembers' Civil

Relief Act of 2003.

STATE OF

Jeffrey Stephan Limited Signing Officer

COUNTY OF

2 ?:ubscribed and sworn to (Ot\/')~~f' med) before rfl8 on this

_t' T rr¥ey'i..t h of f!...-.f~ 20.J..L:..f.-, by

. ~e ~ ep an provectto me on the basis of

satisfactory evidence to be the person (8) who appeared before

me.

My Commission Expires:

~EAl.1HO~ PENNSVlV~1A NOll<llAl $EAI

F!.L EO

~ 1111 Hili

088730782

201015525

(c j k ) 2DIO JUN _ g

A 10: 0 J20URT OF COMMON PLEAS

HAMILTON COUNTY, OHIO

GMAC M'71~~4~~1. ,rJtltHICY " \~)L'_~.'I OF COuins

'.'!' rr,.~: ('11,"0'1'·"" t i ff .• ,. JL, C1.JJJ\ l

Defendants

Judge

Case No. A1004186

-vs-

AFFIDAVIT OF STATUS OF ACCOUNT AND MILITARY AFFIDAVIT

Now comes

leffrey Step)lan Umited Signing Ofticer

Affiant herein, and

being first duly sworn, states as follows:

1.

Affiant is a

with GMAC

Mortgage, LLC.

In this job position, Affiant has the custody of

and has personal knowledge of the accounts of said company, and

specifically with the account of

defendant

herein.

2. Affiant states that said account is in default and that

plaintiff has elected to call the entire balance of said account

due and payable in accordance with the terms of the note and

mortgage attached to the Complaint.

3. Affiant states that there is due on said account a

principal balance of $80,871.85, together with interest thereon

from the date of default at the rate specified in the note, late

charges and advances for taxes, insurance or otherwise expended

to protect the property.

· . .

4. Affiant states that none of the defendants herein are

in the military service as defined by the Servicemembers' Civil

Relief Act of 2003.

Copies of Affiant's results from searching

the Department of Defense Manpower Data Center are attached as

Exhibit 'A'.

COUNTY OF

Jeffrey Stephan Limited Signing Officer

STATE OF

Subscr ibed and sworn affirmed)

-----1_+_ day of

-------4Jt'!ltrrfrfE .. ;I;.;¥-':~StRleiDghA<aDl&I·I'" proved 0 me

satisfactory evidence t'o+ be the person (5)

me.

before me 20 LQ

on this by

on the basis of who appeared before

Notary Pub ic

My Commission Expires:

COMMONWEALTH OF PENNSYlVANIA Notanal Seal

Mary Lynch, Notary Public

Upper Dublin Twp., Montgomery County

My Commla.slon Expires Nov. 3,2010

Member, Pennsytvanla Association or Notaries

'LUlU JUL - b P \: \ '0

" 111""'"",

, 089051316

. -. - _-"'"

IN THE COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO

GMAC Mortgage, LLC

Plaintiff,

vs.

Defendants.

STATE OF ~1\'~ umg)'"SwY

COUNTY OF -'

Case No. A I Do L.{ I 0 3 Judge rJADe1-

AFFIDAVIT REGARDING ACCOUNT AND MILITARY STATUS

le~ s~eph~cer

Limlted S\gnlng ("Affiant"), being first duly sworn according to law,

deposes and says on the basis of personal knowledge:

1, Affiant is an employee of GMAC Mortgage, LLC, (the "Plaintiff') and is competent to

testify to the matters stated in this Affidavit. GMAC Mortgage, LLC has custody of, and

maintains records related to, the promissory note and mortgage that are the subject of this

foreclosure action.

Ref# lO-506327/SKD

2. Attached hereto as Exhibits A and B are true and accurate copies of the original Note and Mortgage that are the subject of this foreclosure action.

signed the promissory note and thus promised, among other things, to make monthly payments on or before the date such payments were due.

4. Plaintiff is entitled to enforce the mortgage on the property commonly known as 593

3.

Brunner Drive, Cincinnati, OH 45240, parcel no. 591-0003-0168-00. The legal description of the Property is referenced in the Complaint.

5. The note and mortgage are in default because monthly payments have not been made.

6. A written notice of default was given by First Class mail as provided by the terms of the note and mortgage. The default was not cured, and thus the sums due under the note were accelerated. As a result, the full amount of principal and interest due under the note are now required to be paid. Also required to be paid are all costs and expenses incurred in enforcing the note to the extent that the payment of such amounts is not prohibited by Ohio law.

7. Plaintiff is due on the Note principal in the amount of$131,669.97 plus interest on the unpaid principal at the rate of6% from November 1,2009. Late charges, advances made for the payment of taxes, assessments, and insurance premiums, and expenses incurred for the enforcement of the note and mortgage may also be due, to the extent that the payment of such amounts is not prohibited by Ohio law. If necessary, the final amount of some or all of these items will be established at a later date.

8.

To the best of Affiant's knowledge, .

is not in the

Military Service, as such term is defined in Section 101 (2) of the Scrvicemcmbers Civil

Ref# IO-506327/SKD

Relief Act, as amended, which amended the Soldiers' and Sailors' Civil Relief Act of

1940,50 U.S.C. App. § 501. Attached hereto as Exhibit C is a document obtained from

the web site of the Department of Defense Manpower Data Center reflecting that.. /

is not on Active Duty Military status.

• !effrey Stephan

. Umited Signing Officer

Subscribed and sworn before me, a Notary P lic, .... tl1is _3_ day of ~, 20 10.

j~~b~'MW

COMMONWEALTH Of PfN~VANIA Notarial Seal

rn'na WlltbIlnk, ~ry Public

upPer OUIl/I" T\¥p., MO~ Caunty My Comm!!!IQII flpJI'I!! __ 10 1013

Member, Pennsvlvanla Assoda~ d Nota!~

Rcf# lO-506J27/SKD

.,

-'

(11'"1I1111f ~

: D88851913

\

.~. ..r"~

F~

201014568 (kg)

COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO

---------.-- -.---_J

GMAC Mortgage, LLC successor by merger to GMAC Mortgage Corporation fka GMAC Mortgage Corporation of PA

Case No. AI003595

Judge Ralph Winkler

Plaintiff

AFFIDAVIT OF STATUS OF ACCOUNT AND MILITARY AFFIDAVIT

-vs-

Defendants

Now comes

Affiant herein, and

being first duly sworn, states as follows:

1.

Affiant is a

Lf.o

with GMAC

Mortgage, LLC successor by merger to GMAC Mortgage Corporat ion

fka GMAC Mortgage Corporation of PA.

In this job position,

Affiant has the custody of and has personal knowledge of the

accounts of said company, and specifically with the account of

defendants

herein.

2. Affiant states that said account is in default and that

, ::::: pl@htiff has elected to call the entire balance of said account

;'~ o» 0 .,

7:~~ duJd an~ayable In accordance with the terms of the note and

<.(c_j-,.: A ~

_I;:?::L '-..I.. I I I

(_) ,_:> :J - i..J".J

u,-, Ao-,rr at.t h d t th C La i t

:E.;c~:::.~~mor'~"jage . .....Jl ac e 0 e amp a i.n .

c:..t -._J ~.:.:=:. ~ ~

w~~~ §

___ ex:: _1 _,

n~\J,~--; =

~t~.)~~ ~~

~"':"

3. Affiant states that there is due on said account a

principal balance of $57,188.81, together with interest thereon

from the date of default at the rate specified in the note, late

charges and advances for taxes, insurance or otherwise expended

to protect the property.

4. Affiant states that none of the defendant(s) herein are

in the military service as defined by the Servicemembers' Civil

Relief Act of 2003.

Copies of Affiant's results from searching

the· Department of Defense Manpower Data Center are attached as

Exhibit 'A'.

STATE OF

Jeffrey Stephan Limited Signing OtTICCf

COUNTY OF

sworn to of

irmed)

be f o r e me on this

20 1'0 by

on the basis of who appeared before

proved to be the

me person(s)

txwrbu~

Notary Public

My Commission Expires:

(,OMMONWt:Al,.1 tl ..:if PENNSYlVANI~

NorA'tAL SEAl

Niltoae St.e.itOl~ NotOt)' f'ybU\.

VPI'.; Dub lin ':"".; Montvomery C"""1 My;'CorMIlulon fxp ..... A~. 1 r, :t010

1

. \

iI'_.j ......

"

. .

(

COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO

201002877 (cjk)

087539971

\, ..... _.--

GMAC Mortgage, LLC

Case No. A1001144

Plaintiff

Judge Melba Marsh

-vs-

AFFIDAVIT OF STATUS OF ACCOUNT AND MILITARY AFFIDAVIT

Now

Defendants

Jeffrey Sl~phan .

Limited Signing Officer

comes

Affiant

herein,

and

being first duly sworn, states as follows:

l~O,

1.

Affiant is a

with GMAC

Mortgage, LLC. In this job position, Affiant has the custody of

L0

and ha~ personal knowledge of the accounts of said company, and

a A .,'::- .r:

j ~ 'U (/) ':':

<;;_, .

~'Pecif~cally <.w:_i.1f,b the account of _,

., -J.::::l ....

, c .. ,)C)~

. CO . <s>:

:aefenclants h:'e'reih.

, J - 0:: <::r:c;;::

Lt.. ~ _'''-c

'. ~. 1I5Plfiant states that said account is in default and that

~ ~lU-.

~ I--/~

'" -<r (J.f

plaintiff A'as ~'elected to call the entire balance of said account

due and payable in accordance with the terms of the not.e and

mortgage attached to the Complaint.

3. Affiant states that there is due on said account a

principal balance of $102,014.13, together with interest thereon

from the date of default at the rate specified in the note, late

charges and advances for taxes, insurance or otherwise expended

to protect the property.

4. Affiant states that none of the defendants herein are

in the military service as defined by the Servicemembers ' Civil

Relief Act of 2003.

Copies of Affiant's results from searching

the Department of Defense Manpower. Data Center are attached as

Exhibit 'A'.

STATE OF

(!If

Jeffrey Stephan Limited Signing Officer

COUNTY OF

Montgom.ery

(1scribe:ayand os;orn to.tCrlffirmed) befo;~ 10 .o,n th~~

Jeffrey Stephan _proved to me on the 1 basis of

-s-a-t-i-S-f-a-c-t-o-r-y-;-~--"i{r==i:;;-'d;:;-:e;-n-c'-··e""""'~cebe the person (s) who appeared before

me.

Gtau~-;;Y

Notary PU~

My Commission Expires:

CO~NWEALm OF P'ENNSYLVANlA NOTARIAL SEAL

Cindy A. Stewart, Notary Public Upper Dublin Twp, Montgomery County My commission elpires October 19,2013

.~01000343 (tr)

COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO

GMAC Mortgage, LLC successor by merger to GMAC Mortgage Corporation

Case No. AI000522

Judge Charles J. Kubicki, Jr.

Plaintiff

-vs-

AFFIDAVIT OF STATUS OF ACCOUNT AND MILITARY AFFIDAVIT

Defendants

Now comes

. !effrey Stepbau

T .muted Sil.min!! Officer

Affiant herein, and

being first duly sworn, states as follows:

15 Af;Jant is a L~b

with GMAC

a

-.._

:::: f/J t;

L .... t.:.I--,

Mortgage, LSC~~uccessor by merger to GMAC Mortgage Corporation.

c...><:> :' . ~_) -

tr» tfi'fs job!:"p_o~'1tion, Affiant has the custody of and has personal

a...t. Ee <:{ <...::l ~.

. . L<.. u :r.: c.

kno~edge &2_f':Jhe accounts of said company I and speci fically with

?S t-. '-( .-'

("-J c~ c:

the accounE of

-_

, defendant herein.

2. Affiant states that said account is in default and that

plaintiff has elected to call the entire balance of said account

due and payable in accordance with the terms of the note and

mortgage attached to the Complaint.

3. Affiant states that there is due on said account a

principal balance of $60,724.42, together with interest thereon

from the date of default at the rate specified in the note, late

(

..charges and advances for taxes, insurance or otherwise expended

to protect the property.

4. Affiant states that none of the defendant(s) herein are

in the military service as defined by the Servicemembers' Civil

Relief Act of 2003.

Copies of Affiant's results from searching

the Department of Defense Manpower Data Center are attached as

Exhibit 'A'.

COcrNTY OF

Jeffrey Stephan LImited Signing Officer

STATE OF

Subscribed and sworn to f'hom affirmed)

__ ~ __ ~~_ day of +·~~~lL~---- --

__ -,-- -,--=--=---'!J~'elfr;~ey=-"S:.:.tep=h:=a~n_,_ p rov~ t a me on

satisfactdr4r;·-evidence 'to be the person (s) who

before me on this

20{O. by

the basis of

appeared before

me.

~~1:bst

Notary Public

My Commission Expires:

COMMONWf:AL 1 t' vF- PENNSYLVANIA ~IOIARIAI SEAl

1'110* Shol'o", No'O'! Pllblk

Upp.f Dublin t .... v., MQrtlgomefY C.O'JOIY M.Y Comrnl~\iOIl hpire5 Aug. 11, '2Pl0

COpy

., .

f'

200904000

Loan No. 0359524161 (mge)

GMAC Mortgage,

no:; APR f~u81I~~3POMMON PLEAS SUMMI~ ~OUNTY, OHIO sUlv1tvin 0 -, :0[\] f Y

L~tERK OF COI..JHTS Case No.

CV-2009-02-0978

Plaintiff

Judge Judy Hunter

-vs-

AFFIDAVIT OF STATUS OF ACCOUNT AND MILITARY AFFIDAVIT

Defendants

Now comes

Jeffrey Stephan Limited Signing Officer

Affiant herein, and

being first duly sworn, states as follows:

LSD,

1.

Affiant is a

with GMAC

Mortgage, LLC.

In this job position, Affiant has the custody of

and has personal knowledge of the accounts of said company, and

specifically with the account of

. defendant herein.

2. Affiant states that said account is in default and that

plaintiff has elected to call the entire balance of said account

due and payable in accordance with the terms of the note and

mortgage attached to the Complaint.

3. Affiant states that there is due on said account a

principal balance of $88,448.95, together with interest thereon

from the date of default at the rate specified in the note, late

COpy

200904000

charges and advances for taxes, insurance or otherwise expended

to protect the property.

4. Affiant states that none of the defendant herein are in

the military service as defined by the Servicemembers' Civil

Relief Act of 2003.

STATE OF

_.._\D_fY _)

) ss Montgomery )

. !effrey Stephan Limited Signing Officer

COUNTY OF

\() SUb, scribed and sworn t0rt0r affirmed)

_ day 0 f -----1fPo---'d''''''O,L-' _

. !effrejSte1)h.an proved to me on

T _

satisfactory evidence to be the person (s) who me.

before me on this

200'1 -, by

the basis of appeared before

COMMONWEALTH OF PENNSYLVANIA

~ l..ill ~e;_ 19fyc J .-Jt:€)

Notary Public

My Commission Expires:

NOTARIAL SEAL

Nlkole Shelton, Notary Public:

Upper Dublin Twp., Moorgomery County My Commhsion Expires Avg. 11, 2010

Mernbel, Pennsylvumo A.srociollOf1 01 NotOIle<

COpy

-vs-

'"I ~. . . -

1'!/lr'V,'cL f

1,-. Ali. ;.//): )tl

.." • 'L'i7r;1I"::11 A J

.(1~J)·i14 r '-CIlIV

28 P}f • co~uS!g, ~. COMMON2 pQfiAS 'Ollcf!)NT?f." OHIO f: C(j'V Y

LLC successor by ! Y&T/g No. CV 2009 02 1184

I

Mortgage !

I

! Judge Paul Gallagher

I

I

I

I

iAFFIDAVIT OF STATUS OF ACCOUNT

I

I AND MILITARY AFFIDAVIT I

I

I

! !

I

I

200906632

(tr)

GMAC Mortgage, merger to GMAC Corporation

Plaintiff

Defendants

Now comes ~~

being first duly sworn, states as follows:

Affiant herein, and

1.

Affiant is a

LSQ

with GMAC

Mortgage, LLC successor by merger to GMAC Mortgage Corporation.

In this job position, Affiant has the custody of and has personal

knowledge of the accounts of said company, and specifically with

the account of

defendants herein.

2. Affiant states that said account is in default and that

plaintiff has elected to call the en~ire balance of said account

due and payable in accordance with the· terms of the note and

mortgage attached to the Complaint.

3. Affiant states that there is due on said account a

principal balance of $79,445.80, together with interest thereon

from the date of default at the rate specified in the note, late

COpy

.JtI , .,_,_

, "10906632

charges and advances for taxes, insurance or otherwise expended

to protect the property.

4. Affiant states that none of the defendant(s) herein are

in the military service as defined by the Servicemembers' Civil

Relief Act of 2003.

Jeffrey Stephan lJmited Signing Officef

STATE OF

before~on this

_~-L.:>.~__""'''"4'><-l,-,+ ' 2 0 , by

on the asis of

who appeared before

me

me.

I,;OMMONWEAL1H OF PENNSYlVANIA

NOTARIAL SEAL

·v!'UI'f Lrnc.;h, NOlal f Pl,lt,Ih.

~"'P'" O",blin T .... p .• Monlijornef~ i..u....-n', My Commhslon Explre\ No ... , 3, 20'0

COpy

..

200901143 Loan No. (ch)

ZflO~ JUN I 2 PM I: 2 I

COURT OF COMMON PLEAS su~rYIff1U')8RJ~¥TY, OHIO

CLERK OF COUF~~~ a seN o. CV

2009 02 1189

GMAC Mortgage, LLC

Plaintiff

Judge Thomas A. Teodosio

-vs-

AFFIDAVIT OF STATUS OF ACCOUNT AND MILITARY AFFIDAVIT

Defendants

Now comes ~.;\lb

Affiant herein, and

being first duly sworn, states as follows:

1.

Affiant is a

with GMAC

Mortgage, LLC.

In this job position, Affiant has the custody of

and has personal knowledge of the accounts of said company, and

specifically with the account c .

defendant

herein.

2. Affiant states that said account is in default and that
plaintiff has elected to call the entire balance of said account
due and payable in accordance with the terms of the note and
mortgage attached to the Complaint.
3. Affiant states that there is due on said account a principal balance of $80,789.71, together with interest thereon

from the date of default at the rate specified in the note, late

charges and advances for taxes, insurance or otherwise expended

to protect the property.

COpy

,J ..

200901H3

4. Affiant states that none of the defendant(s) herein are

Relief Act of 2003.

in the military service as defined by the Servicemembers' Civil

STATE OF

Jeffrey Stephan Limited Signing Officer

COUNTY OF

Su ~cribed and sworn to~ affirmed)

_".....--T7r-L . ...,;,.; I day of R~ ,....

, . ~ proved fto me on

ctory evidence to be the person (s) who

before me on

2 0 ___f2!]_,

the '6asis

appeared

me.

Expires:

COMMO,,:!~VEt~~~"SYLVANIA

G t·,mIl111\. SCAl

Svsnn Turner, N"JTory Pvbtk

er Dublin r,~ p., M~nTgon\cry C?Unfy Conlmh~H:-1l I:)(pi'e~ No'll. 9, 201:

Mem~POnnSYlvanlO I\ssoclolion 01 Notaries

this by of

before

COpy

~ ,

,

20D:; APR - 7 PM 3: I 7 SUMMIT CC)UNTY CLERK OF COURTS

IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO

GMAC Mortgage, LLC

Plaintiff,

vs.

Defendants.

",..
STATE OF ,)LA-- )
\ , . ) SS
COUNTY OF - ... ) Judge

AFFIDAVIT REGARDING ACCOUNT AND COMPETENCY AND MILITARY STATUS

Jeffrey Stephan

limited Signing Officer (Affiant), being first duly sworn according to law,

deposes and says on the basis of personal knowledge:

1. Affiant is an employee ofGMAC Mortgage, LLC, (the "Plaintiff') and is competent to

testify to the matters stated in this Affidavit. GMAC Mortgage, LLC has custody of, and

maintains records related to, the promissory note and mortgage that are the subject of this

foreclosure action.

D:\NcwlmageExpress-VscPDF\Tcmp\111815896.doc

I ~I

2. Attached to the Complaint as Exhibits A and B are true and accurate copies of the

original Note and Mortgage that are the subject of this foreclosure action.

-r-.

3.

.igned the promissory note and thus promised,

among other things, to make monthly payments on or before the date such payments were

due.

4. Plaintiff is entitled to enforce the mortgage on the property commonly known as 231

Wadsworth Avenue, Cuyahoga Falls, OH4422 I , parcel no. 02-11803. The legal

description of the Property is referenced in the Complaint.

5. The note and mortgage are in default because monthly payments have not been made.

6. A written notice of default was given in accordance with the terms of the note and

mortgage. The default was not cured, and thus the sums due under the note were

accelerated. As a result, the full amount of principal and interest due under the note are

now required to be paid. Also required to be paid are all costs and expenses incurred in

enforcing the note to the extent that the payment of such amounts is not prohibited by

Ohio law.

7.

Plaintiff is due on the Note principal in the amount of $84, 198.48 plus interest on the

unpaid principal at the rate of 5.875% from July 1, 2008. Late charges, advances made

for the payment of taxes, assessments, and insurance premiums, and expenses incurred

for the enforcement of the note and mortgage may also be due, to the extent that the

payment of such amounts is not prohibited by Ohio law. If necessary, the final amount of

some or all of these items will be established at a later date.

8.

To the best of Affiant's knowledge,

_Ire not minors,

incompetent or in the Military Service, as such term is defined in Section 101 (2) of the

COpy

.. ~:. .,')

2009.

Servicemembers Civil Relief Act, as amended, which amended the Soldiers' and Sailors'

Civil Relief Act of 1940, 50 U.S.C. App. § SOl. Attached hereto as Exhibit A is a

document obtained from the web site of the Department of Defense Manpower Data

Center reflecting that

are not on Active Duty

Military status.

Notary Public

COMMO~'WEALTH OF PENNSYLVANIA

NO'ARIA~ SEAL

Scscn 'lcmer, N<>tory Publk Upper Ovblin Twp .. Montgo;'llcry County My Comtnbsion Explre s Nev. 9, 2011

I

GOPY

..

200918006 (mge)

LuJ9 SEP 23 FI'l !~~: 1 9 COURT ;PJIViEPj'll'1~~~Uf, t1~AS SUMM-Ii'JJ-rQP9Nifi',."I'~p\J~O.

-v1-l:ttl \ ' .... /1 f.._"",_'IUhrr~~

Plaintiff

i Case No. CV-2009-05-3873 !

I

! Judge Brenda Burnham Unruh I

I

I

GMAC Mortgage, LLC

-vs-

(AFFIDAVIT OF STATUS OF ACCOUNT lAND MILITARY AFFIDAVIT

I

Now comes~S ~

being first duly sworn, states as follows:

Affiant

herein,

and

1.

Affiant is a

L SO

with GMAC

Mortgage, LLC.

In this job position, Affiant has the custody of

and has personal knowledge of the accounts of said company, and

specifically with the account of

defendants herein.

2. Affiant states that said account is in default and that

plaintiff has elected to call the entire balance of said account

due and payable in accordance with the terms of the note and

mortgage attached to the Complaint.

3. Affiant states that there is due on said account a

principal balance of $120,884.31, together with interest thereon

from the date of default at the rate specified in the note, late

charges and advances for taxes, insurance or otherwise expended

to protect the property.

~Opy

, ,

"

200918006

Darla Z. Haviland, et al.

4. Affiant states that none of the defendants herein are

in the military service as defined by the Servicemembers' Civil

Relief Act of 2003.

affirmed}

before me

20a~

to (or

;:Jivn=L

sworn of

,

basis

appeared before

on who

the

proved to me to be the person (s)

~L9he)~

Notary Public

My Commission Expires:

COMMONWt:AL1H OF PENNSYLVANIA NorA~IAl SEAL

Nikol. SI .. """. NOlal, pvbl;.;

~p.r Ovblio TWI!., Mon'lJomo,y CO""" r (0"""1",,,,, E.pir •• AIIlI.I I 2010

on

this by of

COpy

200936631 (ch)

~tmlk~Oofl~~W~N PLEAS

SUMMIT COUNTY, OHIO SUlvlMI \ (_: ,jl'.! I (

CLERK OF COUfF§ase No. CV 2009 09 6482 !

GMAC Mortgage, LLC

Plaintiff

Judge Tom Parker

-vs-

AFFIDAVIT OF STATUS OF ACCOUNT AND MILITARY AFFIDAVIT

Defendants

Now comes

Jeffrey Stephan I.imited Signing Officer

Affiant herein, and

being first duly

sworn,

states as follows:

\~O

with GMAC

1. Affiant

is a

Mortgage, LLC. In this job position, Affiant has the custody of

and has personal knowledge of the accounts of said company, and

specifically with the account of

defendant

herein.

2. Affiant states that said account is in default and that

plaintiff has elected to call the entire balance of said account

due and payable in accordance with the terms of the note and

mortgage attached to the Complaint.

3. Affiant states that there is due on said account a

principal balance of $88,073.58, together with interest thereon

from the date of default at the rate specified in the note, late

charges and advances for taxes, insurance or otherwise expended

to protect the property.

COpy

4. Affiant states that none of the defendant(s) herein are

Relief Act of 2003.

in the military service as defined by the Servicemembers' Civil

STATE OF

COUNTY OF

Jeffrey Stephan Limited Signing Officer

S~cribed and swor

____ ~_'-- day -(>f··

Jeffrey Stephan

affirmed) , befo;~ d!?-)~ th!~

on the basis of who appeared before

satisfa-ctory eviden75'e" to me.

Commission Expires:

COMMoNwE AUH Of PENNSYLVANIA

from the date of default at the rate specified in the note, late

~

201015340

(cjk)

!JANIEL M,HORRIGAN

GMAC Mortgage, LLC

KB<banHil ~J6 ctiMHGN 8?LEAS SUMMIT COUNTY, OHIO

SUMMIT U.~!j~ I Y a

CLERK OF COUrff~e No. CV 2010 05 3329 I {

Plaintiff

Judge Elinore Marsh Stormer

-vs-

AFFIDAVIT OF STATUS OF ACCOUNT AND MILITARY AFFIDAVIT

Defendants

Now comes J~~ 8J(hrw

Affiant herein, and

being first duly sworn, states as follows:

1.

Affiant is a

with GMAC

Mortgage, LLC.

In this job position, Affiant has the custody of

and has personal knowledge of the accounts of said company, and

specifically with the account 01

defendant herein.

2. Affiant states that said account is in default and that

plaintiff has elected to call the entire balance of said account

due and payable in accordance with the terms of the note and

mortgage attached to the Complaint.

3. Affiant states that there is due on said account a

principal balance of $119,755.52, together with interest thereon

charges and advances for taxes, insurance or otherwise expended

to protect the property.

COpy

~

4. Affiant states that none of the defendants herein are

in the military service as defined by the Servicemembers' Civil

Relief Act of 2003.

STATE OF

effrey Stephan Limited Signing Officer

COUNTY OF

M (or

pro~

affirmed)

before me on this

20 ID by

on the basis of who appeared before

to me

be the

me.

Notary Public

My Commission Expires:

l.OMMONWf:l\l.lll vi-PENNSYLVANIA NOTARiAl SEAL

Niltole ~heltoll. Notory'-Publilo.

\JPP~:' ()yblin T:'" p , Mon'9omery County My~.ComminiQ!' E"'pires Avq,. 1'1,2010

COpy

, .

IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO

............ , (('\

GMAC Mortgage, LLC Case No. CV-2010-05-3544 ~

Plaintiff,

Judge Tom Parker

vs.

AFFIDAVIT REGARDING ACCOUNT AND MILITARY STATUS

Defendants.

STATE OF __ __,.9_1\--,--,)

) SS MontgOlJ1ery

COUNTY OF

Jeffrey Stephan Limited Si.~i'J.li OffiG~~

_____________ ("Affiant"), being first duly sworn according to law,

deposes .. and says 0.z:1 tl)~~asi~.~f.E.~rsonal knowledge:

1. Affiant is an employee of GMAC Mortgage, LLC, (the "Plaintiff') and is competent to

testify to the matters stated in this Affidavit. GMAC Mortgage, LLC has custody of, and

maintains records related to, the promissory note and mortgage that are the subject of this

foreclosure action.

2. Attached to the Complaint as Exhibits A and B are true and accurate copies of the

original Note and Mortgage that are the subject of this foreclosure action.

Ref# JO-508375/mJb

COpy

..

3.

l'

'igned the promissory note and thus

promised, among other things, to make monthly payments on or before the date such

payments were due.

4. Plaintiff is entitled to enforce the mortgage on the property commonly known as 1161

Monteray Drive, Akron, OR 44305, parcel no. 6853954. The legal description of the

Property is referenced in the Complaint.

5. The note and mortgage are in default because monthly payments have not been made.

6. A written notice of default was given by First Class mail as provided by the terms of the

note and mortgage. The default was not cured, and thus the sums due under the note were

accelerated. As a result, the full amount of principal and interest due under the note are

now required to be paid. Also required to be paid are all costs and expenses incurred in

enforcing the note to the extent that the payment of such amounts is not prohibited by

Ohio law.

7. Plaintiff is due on the Note principal in the amount of $56,05 1.56 plus interest on the

unpaid principal at the rate of 9% from December 1, 2009. Late charges, advances made

for the payment of taxes, assessments, and insurance premiums, and expenses incurred

for the enforcement of the note and mortgage may also be due, to the extent that the

payment of such amounts is not prohibited by Ohio law. If necessary, the final amount of

some or all of these items will be established at a later date.

8.

To the best of Affiant's knowledge,

are not in

the Military Service, as such term is defined in Section 101 (2) of the Servicemembers

Civil Relief Act, as amended, which amended the Soldiers' and Sailors' Civil Relief Act

of 1940,50 U.S.C. App. § 501. Attached hereto as Exhibit A is a document obtained

Ref# IO-508375/mlb

COpy

. '

, .

from the web site of the Department of Defense Manpower Data Center reflecting that

Subscribed and sworn before me, a Notary

Jeffrey Stephan Limited Signing Officer

day 0rff.)!jjjJ 2010.

~ (QLt· t:t:&J

Notary Public

"OMMONWtoI\Llll v~ PENNSYLVANIA

Nlkole Sheifon, NOfer)' Publj~ Upper Owblln l.,.."" MQnf'YQ(nefY CQunl, NIL CDmn!lnion bpi te , AVII· 11,2010

Refit 10-5083 75/mlb

COPY.

I

DN\llEL M. HORRIGAN

201020044 (ch)

?llIOSFPJn PM 12: 55

I. 'Co J:rT OF COMMON PLEAS

.qU~JT CQUNTY OHIO

SUMMI [ CUUI\l r y ,

LLC~Qfo~~~Rl'S Case No.

CV 2010 06 4105

17

GMAC Mortgage, merger to GMAC Mortgage Corporation

Judge Paul Gallagher

Plaintiff

Defendants

AFFIDAVIT OF STATUS OF ACCOUNT jAND MILITARY AFFIDAVIT

j

j

i

!

I

i j

-vs-

~~~, Affiant herein, and being first duly sworn, states as follows:

Now comes

1.

Affiant is a

LS6

with GMAC

Mortgage, LLC successor by merger to GMAC Mortgage Corporation.

In this job position, Affiant has the custody of and has personal

knowledge of the accounts of said company, and specifically with

the account of

defendants

herein.

2. Affiant states that said account is in default and that

plaintiff has elected to call the entire balance of said account

due and payable in accordance with the terms of the note and

mortgage attache& to the Complaint. )

3. Affiant states that there is due on said account a

principal balance of $17,214.34, together with interest thereon

from the date of default at the rate specified in the note, late

COpy.

charges and advances for taxes, insurance or otherwise expended

to protect the property.

4. Affiant states that none of the defendants herein are

in the military service as defined by the Servicemembers I Civil

Relief Act of 2003.

STATE OF

Jeffrey Stephan Limited SiguDg Officer

COUNTY OF

\!tf~.~ffirmedl befo~~ /'0 on th~~

p r ved to me on the basis of be the person (s) who appeared before

me.

Notaurypubl c

My Commission Expires:

COMMONWEALTH OF PENNSYLVANIA Notarial Seal

Mary Lynch, Notary Pubflc

Upper Dublin Twp., Montgomery COUnty My Commlssion Expires Nov. 3,2010

Member, Pennsylvania Association 01 Notaries

COpy

DANIEt. M, HORRIGAN

201020016 (ch)

COU~~O §~p ~JMJ~ I~h~s

SUMMIT CQUNTY, OHIO SUMMit C( )Ui\rf Y

CLERK OF (QQ~1TNb. CV 2010 06 4332 I g

GMAC Mortgage, LLC

Plaintiff

Judge Lynne Callahan

-vs-

AFFIDAVIT OF STATUS OF ACCOUNT AND MILITARY AFFIDAVIT

Defendants

Now comes

Affiant herein, and

being first duly sworn, states as follows:

1.

Affiant isa

LSo

with GMAC

Mortgage, LLC. In this job position, Affiant has the custody of

and has personal knowledge of the accounts of said company, and

specifically with the account of

defendant

herein.

2. Affiant states that said account is in default and that

plaintiff has elected to call the entire balance of said account

due and payable in accordance with the terms of the note and

mortgage attached to the Complaint.

3. Affiant states that there is due on said account a

principal balance of $61,580.52, together with interest thereon

from the date of default at the rate specified in the note, late

charges and advances for taxes, insurance or otherwise expended

to protect the property.

COpy

4. Affiant states that none of the defendant(s) herein are

in the military service as defined by the Servicemembers' Civil

Relief Act of 2003.

STATE OF

Jeffrey Stephan Limited Signing Officer

COUNTY OF

Subscribed and sworn

'30 day of

"I~~rc:.y Ste.-(?kc--r-

affirmed) before me on this

20 [0 by

the basis of appeared before

satisfactory evidence me.

Expires:

COMMUNWEAL! H or: PI;:NNSYLVANIA NOT~"IAL Sf"~

U ~uloon Turl1e'r, NorUf) Pvldh

pper l>vbl~ T .. p., MOllt~Qn:~f, COunf" ~Sgmt'uuloo b~ife-J ,._.u v. 9, ~Ol I

Redacted by Clerk of Court

ELECTRONICALLY FILED COURT OF COMMON PLEAS Friday, April 09, 2010 4:03:35 PM

CASE NUMBER: 2009 CV 10236 Docket !D: 14969763 GREGORY A BRUSH

CLERK OF COURTS MONTGOMERY COUNTY OHIO

200954393 (tr)

COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO

GMAt Mortgage, LLC successor by merger to GMAC Mortgage Corporation

Case No. 09 10236

Judge A.J. Wagner

Plaintiff

-vs-

AFFIDAVIT OF STATUS OF ACCOUNT AND MILITARY AFFIDAVIT

et al.

Now

Defendants

Jeffrey Stephan Limited Signing Officer

comes

Affiant

herein,

and

being first duly sworn,

1. Affiant is a

states as follows:

\9:0

with GMAC

Mortgage, LLC successor by merger to GMAC Mortgage Corporat ion.

In this job position, Affiant has the custody of and has personal

knowledge of the accounts of said company I and specifically with

the account of ~

defendants herein.

2. Affiant states that said account is in default and that

plaintiff has elected to call the entire balance of said account

due and payable in accordance with the terms of the note and

mortgage attached to the Complaint.

3. Affiant states that there is due on said account a

principal balance of $17,146.76, together with interest thereon

from the date of default at the rate specified in the note, late

charges and advances for taxes, insurance or otherwise expended

to protect the property.

4. Affiant states that a complete copy of the payment

history for the account of the defendant(s) is attached as

Exhibit 'A'.

5. Affiant states that none of the defendants herein are

in the military service as defined by the Servicemembers' Civil

Relief Act of 2003.

STATE 0

COUNTY OF

sworn to (or affirmed) .J)f?f ;:' 1'7}.b ...? C

proved to me

ence to be the person (s)

befOre?~ on this

, 20~, by

on the basis of

who appeared before

me.

L1_j__l~

~Notary Public

My Co~~ission Expires:

AFFIDAVIT REGARDING ACCOUNT AND MILITARY STATUS

ELECTRONICALLY FILED COURT OF COMMON PLEAS

Wednesday, February 17, 2010 1 :04:32 PM

CASE NUMBER: 2009 CV 10548 Docket 10: 14802100 GREGORY A BRUSH

CLERK OF COURTS MONTGOMERY COUNTY OHIO

IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO

.................................................... , " .

et al.

Judge Frances E McGee

GMAC Mortgage LLC

Case No. 2009 cv 10548

Plaintiff,

vs.

Defendants.

STATE OF if}- )

) SS COUNTYOF ~)

("Affiant"), being first duly sworn according to Jaw,

depo es and says on the basis of personal knowledge:

1. Affiant is an employee of GMAC Mortgage LLC (the "Plaintiff') and is competent to

testify to the matters stated in this Affidavit. The Plaintiff has custody of, and maintains

records related to, the promissory note and mortgage that are the subject of this

foreclosure action.

09-507444-A vu

2. Attached hereto as Exhibits A and B are true and accurate copies of the original Note and Mortgage that are the subject of this foreclosure action.

3. Jigned the promissory note and thus promised, among other things, to

make monthly payments on or before the date such payments were due.

4. Plaintiff is entitled to enforce the mortgage on the property commonly known as 817 Macmillan Drive, Trotwood, OH 45426, parcel no. H33 001120004. The legal description of the Property is referenced in the Complaint.

5. The note and mortgage are in default because monthly payments have not been made.

6. A written notice of default was given in accordance with the tenus of the note and mortgage. The default was not cured, and thus the sums due under the note were accelerated. As a result, the full amount of principal and interest due under the note are now required to be paid. Also required to be paid are all costs and expenses incurred in enforcing the note to the extent that the payment of such amounts is not prohibited by Ohio law.

7. Plaintiff is due on the Note principal in the amount of$79,125.86 plus interest on the unpaid principal at the rate of 5.875% from July 1,2009. Late charges, advances made for the payment of taxes, assessments, and insurance premiums, and expenses incurred for the enforcement of the note and mortgage may also be due, to the extent that the payment of such amounts is not prohibited by Ohio law. If necessary, the final amount of some or all of these items will be established at a later date.

8.

To the best of Affiant's knowledge, 1

s not in the Military Service, as

such term is defined in Section 101 (2) of the Servicemembers Civil Relief Act, as amended, which amended the Soldiers' and Sailors' Civil Relief Act of 1940, 50 U.S.C.

09·507444·A vu

the Department of Defense Manpower Data Center reflect'

IS

App. § 501. Attached hereto as Exhibit C is a document obtained from the web site of

not on Active Duty Military status.

Subscribed and sworn before me, a Notary Public

09·507444·A vu

ELECTRONICALLY FILED

COURT OF COMMON PLEAS Thursday, May 06, 20102:56:44 PM

CASE NUMBER: 2010 CV 00022 Docket ID: 15050584 GREGORY A BRUSH

CLERK OF COURTS MONTGOMERY COUNTY OHIO

IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO

., , , , .. ,

Plaintiff,

Judge Barbara P Gorman

GMAC Mortgage, LLC

Case No. 2010 cv 00022

VS.

Defendants.

AFFIDAVIT REGARDING ACCOUNT AND MILITARY STATUS

STATE OF f-A )

) SS COUNTYOF~-

Jeffrey Stephan

Jjrnited Si~g Officcr ("Affiant"), being first duly sworn according to law,

deposes and says on the basis of personal knowledge:

1, Affiant is an employee of GMAC Mortgage, LLC, (the "Plaintiff') and is competent to

testify to the matters stated in this Affidavit. GMAC Mortgage, LLC has custody of, and

maintains records related to, the promissory note and mortgage that are the subject of this

foreclosure action.

09-507746·" VU

8.

To the best of Affiant's knowledge,

. ; not in the Military

2. Attached hereto as Exhibits A and B are true and accurate copies of the original Note and Mortgage that are the subject of this foreclosure action.

.igned the promissory note and thus promised, among other things, to make monthly payments on or before the date such payments were due.

4. Plaintiff is entitled to enforce the mortgage on the property commonly known as 15 j 2

3.

Cardington Road, Kettering, OH 45409, parcel no. N64-003-08-0027. The legal description of the Property is referenced in the Complaint.

S. The note and mortgage are in default because monthly payments have not been made.

6. A written notice of default was given in accordance with the terms of the note and mortgage. The default was not cured, and thus the sums due under the note were accelerated. As a result, the full amount of principal and interest due under the note are now required to be paid. Also required to be paid are all costs and expenses incurred in enforcing the note to the extent tbat the payment of such amounts is not prohibited by Ohio law.

7. Plaintiff is due on the Note principal in the amount of $68,988.45 plus interest on the unpaid principal at the rate of7. I 25% from February 1,2009. Late charges, advances made for the payment of taxes, assessments, and insurance premiums, and expenses incurred for the enforcement of the note and mortgage may also be due, to the extent that the payment of such amounts is not prohibited by Ohio law. If necessary, the final amount of some or all of these items will be established at a later date.

Service, as such term is defined in Section 101 (2) of the Servicemembers Civil Relief Act, as amended, which amended the Soldiers' and Sailors' Civil Relief Act of 1940, 50

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