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This article presents persuasive but not binding decisions reported in the State of Ohio. Seek legal counsel before making any decisions or taking any actions.
In an appellate decision echoing Judge Boyco’s decisions from many years ago, the appellate court in Ohio has expressed outright what we have have been advancing on these pages since 2007. The paperwork is not presumptively valid and by now the banks have essentially proven, as in this case, that they cannot be trusted to present anything other than fabricated instruments.
The presumptions relied upon by the banks is that even if the documents were altered or forged, the borrower had no right to challenge the procedure, the actors or the documents. This decision explicitly states that such an approach is inherently defective and even reversed its own prior decisions.
Here are some quotes from…
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