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Whittiker and Kimball vs. Deutsche Bank et al Class Action
Sunday, 10 February 2008
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.
 
The action stems from foreclosures of Frances Whittiker's property located at 18408 Mapleboro Avenue, Maple Hts., OH, and of Valeria Kimball's property located at, 4679 East 173rd Street, Cleveland, OH, whose mortgages had been sold and pooled. 
 
The attorney filing this lawsuit is Joshua Cohen, the same attorney and firm who commenced the action by the City of Cleveland against the 21 investment banks. 

To view the lawsuit please click on the following links:
Link 1

Link 2 

About Safeguard
Safeguard Properties is the largest privately held field services company in the country. Located in Cleveland, OH  and founded in 1990 by Robert Klein, Safeguard has grown from a regional preservation company with a few employees and a handful of contractors performing services in the Midwest, to a national company with over 450 employees.  Safeguard is supported by a nationwide network of subcontractors able to perform any requested superintendence, preservation, and maintenance functions, as well as numerous ancillary services in the U.S., the Virgin Islands, and Puerto Rico.