IT'S PAST TIME FOR JUDGE GOLDSBERRY, ATHENS CO., TO LEAVE THE BENCH

We need a Judge for citizen’s rights – Not the crooked banks having more rights.  Facts and Evidence to support this.  First of all, there are Great Judges in the United States – scattered everywhere, who uphold Constitutional Rights for the people.  There are judges who call the banks on their deception and make the banks/servicers CORRECT mistakes and fraud, NOT Goldsberry, allegedly he wants to be remembered as a Judge who supports crooked banks.

Everything stated in this article is supported by evidence that is public that has been submitted to the Athens County Court by Defendants in the case 12CI0341.  This article is a matter of opinion by the publisher and those statements made by publisher are supported by the evidence the defendants have.  Facts, not opinions are the basis of this publishing. You the reader, can be the Judge.  Nothing in this article is libelous – only statement of facts supported by evidence. 

If you have a mortgage, you may be able to derive something from this article for your own benefit.

Ask yourself – What would you do, if your mortgage company was charging you escrow for someone else’s parcel.  In other words, your mortgage payments are being escrowed to pay taxes for a completely different address.  As this case, written evidence was shown of escrow being charged for another next door address – Evidence was submitted, striken from the record by Judge but the fact remains the same.  The defendants stated this problem in their answer, affirmative defenses and counterclaims and again in opposition.  It is quite evident, the reception a pro se person receives.  When you try to work with the mortgage servicer, they ignore you and nothing gets resolved.  Those of you who have been there, know exactly.  You get the run around.

People are quite aware of the banking atrocities especially in the recent years with the settlements reaching in the billions.  Citimortgage was one of those servicers fined.  In this case, 12Ci0341, filed by Citimortgage- Defendants filed an answer, affirmative defenses and counterclaims to Citimortgage. (Keep in mind, defendants had been trying to work with Citi before, but no operator could correct the problems, written or verbal, etc).  You get the idea.  Defendant(s) proved by their interrogatories and evidence submitted to the Court that genuine issues of material facts existed.  Documents submitted showed Citimortgage had been charging for wrong escrow amount.  Citimortgage is still escrowing for other parcels and to parcel for another address.  Defendants proved broken chain of title.  Example – Discovery Question to Citimortgage – “Was the note and mortgage transferred or sold to Fannie Mae on Oct 01, 2008 from Citimortgage?  ANSWER BY CITIMORTGAGE:

“…and at no time was the note or mortgage transferred to Fannie Mae.”  After the Plaintiff filed complaint and answered multiple questions denying anything regarding Fannie Mae as owner of the loan – Fannie Mae sends letter stating they are owner of the loan – Fannie Mae website states they purchased.  Already, a material issue of fact exist that precludes Plaintiff from summary judgment just by these things mentioned.  So, Fannie Mae claims to be owner, MERS claims in 2012 to be current beneficiary (by their own bylaws, they cannot, this was also submitted in answer and opposition), an appraisal was done by Citimortgage for a farmhouse and 5 acres but the legal description was switched out before recorded.  Mortgage states attached Schedule “A” – when recorded by Citimortgage – a Schedule “C” is recorded (different from closing).  Again,more bank fraud adding up.  The mortgage and the note were separated.  U.S. Supreme Court law states – not allowed.  Just to note – many Judges in many States recognize Supreme Court Law Trumps Everything.  Recently – A South Carolina Judge had the intefgrity and decency to uphold Supreme Court Law. 

So, just to list some of the things we have in this case are the following:

1.  Citimortgage escrowing wrong parcels.

2.  Citimortgage escrowing for someone else’s address.

3.  MERS Issues

4.  QWR letter sent to Citi to correct problems before case was filed

5.  Interrogatories answered by Citimortgage prove there are genuine issues of material fact and answers by Citimortgage contradict their own pleadings.

6.  A deed prepared by a title company (out of business) and an attorney (who happens to be out of the State for now) who was hired by Citimortgage who prepared that deed which the Grantor never signed.  Instead the deed was signed by the grantees (not legally executed deed in the State of Ohio)

7.  Broken chain of title including title never passed to grantee legally

As you can see, there are several genuine issues of material fact that preclude the Plaintiff, Citimortgage from Summary Judgment.  BuT WaiT – It gets Better!  Citimortgage states in their summary judgment, we just want the property.  Citimortgage filed a motion for summary judgement on October 22, 2013 (they didn’t want to be subjected to anymore questions in discovery allegedly).  In Citimortgage SJ, they stated on page 3 -”This forces “the nonmoving party to produce evidence on any issue for which that party bears the burden of production at trial.”  Well, the defendants certainly showed evidence on several issues.  When the opinion on April 22, 2014 by Judge Goldsberry was for the Plaintiff’s summary judgment – even Citimortgage had to be scratching their head saying what the H***!  If it wasn’t a suprise to Citimortgage that the Judge couldn’t find issues, then someone had to know ahead of time alledgely.  Do you think the Judge was asleep, mad or what?  A bank sympathizer?  You be the Judge.  How much are these parties getting paid to uphold fraud ? Again,no allegations to run with, just questions.  Again, ask yourself, after all these issues and defendants do not make it to trial but the Judge submits a decision and journal entry which states, “reasonable minds viewing the summary judgement record most favorably to the defendants could find only for plaintiff.”  Believe me, nothing was in the favor of defendant(s) - the defendants were alledgely sold out.  

 Citimortgage claims – “… the Bobos do not and cannot produce any evidence that Citimortgage’s collection efforts were abusive.  A creditor has the right to take reasonable action…so long as the efforts do not rise to the level of causing outrage, mental suffering, …to a person of reasonable sensiblities.”  BUT attached to opposition to SJ, by defendants attorney is a sheet by Citimortgage (dated BEFORE complaint filed by Citi) stating locks changed, house was winterized etc by Citi. (before Citi even filed the case, they broke into the person’s home, cut locks, changed locks, ramsacked thru house, dirtied new carpet, ramsacked outbuildings and expensive personal property stolen that day when owners returned that day) – This is the same Ohio company that Citimortgage sent to Texas to do the same thing but made the mistake of ramsacking the wrong property and took the neighbors machinery and belongins.  Public information –   Think about that when you leave your house.  Keep in mind, defendants proved efforts were abusive by evidence submitted to Court and ignored by Judge Alan Goldsberry.  Wrong parcels being escrowed and escrow being charged for neighboring address.  Again, evidence was submitted during the process.  Again, ignored by Judge Alan Goldsberry.  Even Citimortgage probably can’t believe how much they can get away with unless they allegedly already knew the cards were stacked in their favor.  How could so much evidence be shoved aside?  Defendants counterclaims were supported by evidence.  Anyone familiar with the Court system – even laymen like ourselves, know by established case law in Ohio that summary judgment is not appropriate for the moving party if there is any inference in favor of the non-moving party.  ANY? 

The evidence presented in this case against Citimortgage is overwhelming.  It’s not just a couple of little things but major problems.  Citimortgage needs to correct the atrocities they have made.  The Judge had the opportunity to step up and protect the community from the big banks with overwhelming evidence of wrongdoing but he didn’t.  Plain and simple.  This isn’t the first rodeo that this Judge has had with bank cases and their fraudulent paperwork being pushed on homeowners.  Some people have made the statement, “he should hang up his spurs and get off the bench”.  I don’t know the Judge personally and don’t know the pun behind that reference with regard to him, but have personally heard it.  Well, because of the age requirement of Judges now – he is forced out.  Hopefully – Athens will see a Judge on the horizon who has integrity, who knows the law, a Judge that will not allegedly sell out the people for the banks.  Judges have an opportunity to leave office with a great legacy.  Stay tuned for more details.  It gets a lot more entertaining.  Judges have the opportunity to leave office with integrity.  They chose that profession and portrayed an image.  Judge Goldsberry has not only abused his right to leave office with integrity but leaves by the evidence of his actions against the judicial system.  Being subjective only goes so far but the bottom line is – the law was not followed.  One can leave office by walking out, holding head high or allegedly slithering out. 

Remember, you as a citizen, did not take an oath to uphold a public office for the greater good but those who do – need to remember the voters put them there with the hope of making a justice system more fair – not the opposite.

IF you happen to be running for Judge – write a comment of what you intend to do for the people of Athens -not the publisher of this article but  – how you intend to be a fair Judge on any issue. 

This article is the contributors opinion.  The case at hand is supported with facts and evidence submitted publicly.