FED. HOME LOAN MTGE. CORP. v. SCHWARTZWALD

Nos. 2011-1201 and 2011-1362.

134 Ohio St.3d 13 (2012)

2012-Ohio-5017

FEDERAL HOME LOAN MORTGAGE CORPORATION, Appellee, v. SCHWARTZWALD ET AL., Appellants.

Supreme Court of Ohio.

Decided October 31, 2012.


Attorney(s) appearing for the Case

Thompson Hine, L.L.P., Scott A. King , and Terry W. Posey Jr. , for appellee.

Andrew M. Engel , for appellants.

Bruce M. Broyles , urging reversal for amici curiae Homeowners of the State of Ohio and Ohiofraudclosure.blogspot.com.

Advocates for Basic Legal Equality, Inc., and Andrew D. Neuhauser ; Legal Aid Society of Cleveland and Julie K. Robie ; Legal Aid Society of Southwest Ohio, L.L.C., and Noel M. Morgan ; Community Legal Aid Services, Inc., Christina M. Janice , and Paul E. Zindle ; and Ohio Poverty Law Center and Linda Cook , urging reversal for amici curiae Advocates for Basic Legal Equality, Inc., Legal Aid Society of Cleveland, Legal Aid Society of Southwest Ohio, L.L.C., Community Legal Aid Services, Inc., Ohio Poverty Law Center, Legal Aid Society of Columbus, Southeastern Ohio Legal Services, Legal Aid of Western Ohio, and Pro Seniors, Inc.


O'DONNELL, J.

{¶ 1} Duane and Julie Schwartzwald appeal from a judgment of the Second District Court of Appeals affirming a decree of foreclosure entered in favor of the Federal Home Loan Mortgage Corporation. In addition, the appellate court certified that its decision in this case conflicts with decisions of the First and Eighth Districts on the following issue: "In a mortgage foreclosure action, the lack of standing or a real party...

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