| Whittiker and Kimball vs. Deutsche Bank et al Class Action |
| Sunday, 10 February 2008 | |
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A lawsuit was filed February 7, 2008 against Deutsche Bank and others in U.S District Court, Eastern Div., N. Dist.Ohio, alleging violation of the Fair Debt Collection Practices Act, Ohio's Pattern of Corrupt Activities Act (RICO) and for appointment of a receiver. The suit alleges that: Defendant Deutsche Bank, as trustee for holders of mortgages and mortgage-backed securities, has filed thousands of foreclosure actions under false pretenses, without standing and without complying with Ohio law. These activities are a pattern of corrupt and illegal activity in violation of Ohio RICO law. Deutsche Bank has received millions of dollars in distributions from the sale of foreclosed properties without possessing properly recorded assignments of the mortgages. Deutsche Bank's "pattern and practice of seeking and obtaining foreclosure judgments in state and federal courts without a duly recorded assignment, without evidence of a chain of assignment of notes and mortgages, and without the right to engage in the trust business in Ohio" constitutes a "false, deceptive or misleading representation or means" in connection with the collection of a debt; a violation of the Federal Fair Debt Collection Practices Act, 15 USC Sec 1692e. In addition, the suit alleges Deutsche Bank has failed to comply with Ohio requirements for a trust company or national bank to do business in Ohio. That the three named Ohio foreclosure law firms also violated the FDCPA and RICO by acting on behalf of Deutsche Bank in the foreclosure process
Plaintiffs are seeking unspecified actual and statutory damages, including treble damages under Ohio RICO law, as well as attorney's fees and costs. Plaintiffs also seek the appointment of a receiver to recover from Deutsche Bank all charges it collected from plaintiffs and any interests in real property it acquired illegally, and to collect fees that defendant law firms obtained from illegal foreclosures. The suit also names three Ohio foreclosure law firms as defendants: Manley Deas Kochalski LLC (Cincinnati); Reisnefeld & Associates (Columbus); and Weltman Weinberg & Reis Co., LPA (Cleveland and other cities). The lawsuit seeks certification as a class action.
To view the lawsuit please click on the following links:
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