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Supreme Court Upholds Judges’ Foreclosure Rule

The Ohio Supreme Court has dismissed a complaint against 3 Franklin County judges who require lawyers to verify the authenticity of home foreclosure documents.

Six lawyers challenged the action, asking the Court to prohibit the judges from ordering them to sign “certifications” on behalf of their clients.

The Franklin County prosecutor’s office filed a motion to have the complaint dismissed. The Supreme Court granted the motion without comment.

In November, the three judges began telling all lawyers who file residential foreclosure cases in their courtrooms they must “personally certify the authenticity and accuracy of all documents” in the filings. If a lawyer doesn’t, the judge will not grant a motion for default or summary judgment (which would end the case immediately), but will schedule a trial. Setting a trial date can delay a case for at least a year.

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