The Supreme Court of Ohio - Supreme Court - State of Ohio

Supreme Court Takes Lead Against Foreclosures
Judge Mary Katherine
Huffman of the
Montgomery County Court
of Common Pleas (above)
responds to a question
during an April 1 Save the
Dream launch event in
Dayton.
Early in 2008, as the public learned more about the
alarming numbers of foreclosures occurring in the state
and foreclosures emerged as a major issue in Ohio, Chief
Justice Moyer looked for ways the Supreme Court could make
meaningful contributions to assist Ohioans.
In early February 2008, the Chief Justice sent a letter to all
registered attorneys in Ohio, encouraging them to make their
professional services available pro bono. The attorney general
and the president of the Ohio State Bar Association also signed
the letter. More than 1,200 attorneys responded to the request
for volunteers to work with eligible homeowners.
Chief Justice Moyer said he believed attorneys could make
a difference. “Many homeowners threatened with foreclosure
cannot afford an attorney,” he wrote, “and the resources
available in the legal services community alone are inadequate
to address the current need.”
Courts across Ohio reported 85,773 new foreclosure filings
in 2008, marking the 13 th consecutive annual increase. One
bright spot, however, shows that 2008 represented the smallest
percentage increase (3.1 percent) in the number of foreclosure
filings over that same 13-year time period.
“While the reasons are varied and the facts continue to
unfold,” Moyer wrote, “the impact affects nearly every Ohioan
in the reduction of property values in our communities, as well
as vacant and abandoned properties in our neighborhoods, loss
of the local tax base to support important services, and busier
court dockets.”
The Supreme Court in February created a first-of-its-kind
model mediation program for courts to use in foreclosure cases.
The staff of the Supreme Court Dispute Resolution Section
and Advisory Committee on Dispute Resolution created a
Foreclosure Working Group of judges, magistrates, mediators,
attorneys, legal aid representatives, educators, mortgage bankers
and homeowner representatives.
An 11-step foreclosure mediation process, the model, which
includes best practices, related documents, forms and other
resources, was designed so courts can modify it as needed.
The model is designed to help courts determine which cases
are appropriate for mediation through the assessment of
information provided by homeowners and lenders.
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2008 Annual Report • The Supreme Court of Ohio