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Name Discrepancy Foreclosure Defense
Summary
A name discrepancy in foreclosure documents may not prevent foreclosure if other details match your identity. However, misidentification can be a valid defense. To contest foreclosure in Ohio, gather all communications showing attempts to correct your name, document the impact of misidentification, and file a motion citing the discrepancy and lack of due diligence. If no other paperwork identifies you, it strengthens your case. Consider consulting with a local attorney or contacting the Ohio Legal Aid Society for assistance.Full Conversation
Sure, here’s a template for a motion to contest the foreclosure based on misidentification. Please consult with a professional attorney to ensure it meets all legal requirements and is properly tailored to your situation.
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STATE OF OHIO
[YOUR COUNTY] COUNTY COURT
[PLAINTIFF'S NAME]
Plaintiff,
v.
Plaintiff,
v.
DAMIEN TYRONE BURRS, JR
Defendant.
Defendant.
Case No.: [Your Case Number]
Hon. [Judge's Name]
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MOTION TO CONTEST FORECLOSURE
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NOW COMES the Defendant, Damien Tyrone Burrs, Jr, and hereby moves this Honorable Court to contest the foreclosure filed by the Plaintiff, [Plaintiff's Name], and in support thereof states as follows:
*. The Defendant is misidentified as Damien Tyrone Burrs without the suffix "Jr" in the Plaintiff's foreclosure documents.
*. The Defendant has informed the mortgage company on three separate occasions that the omission of "Jr" results in a misidentification, as it refers to his father, Damien Tyrone Burrs.
*. Despite these notifications, the mortgage company failed to correct the Defendant's name in their records.
*.*. The misidentification has caused confusion and potential misrepresentation, impacting the Defendant’s ability to respond accurately.
*. The incorrect identification undermines the validity of the Plaintiff's foreclosure claim.
*. The Defendant is misidentified as Damien Tyrone Burrs without the suffix "Jr" in the Plaintiff's foreclosure documents.
*. The Defendant has informed the mortgage company on three separate occasions that the omission of "Jr" results in a misidentification, as it refers to his father, Damien Tyrone Burrs.
*. Despite these notifications, the mortgage company failed to correct the Defendant's name in their records.
*.*. The misidentification has caused confusion and potential misrepresentation, impacting the Defendant’s ability to respond accurately.
*. The incorrect identification undermines the validity of the Plaintiff's foreclosure claim.
WHEREFORE, Defendant respectfully requests this Honorable Court to deny the foreclosure action filed by the Plaintiff.
Respectfully submitted,
_________________________
Damien Tyrone Burrs, Jr
[Your Address]
[City, State, ZIP]
[Your Phone Number]
[Your Email Address]
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Make sure to sign and date the document where appropriate. Also, file it with the court and serve a copy to the opposing party according to your local court rules. Would you like more information on the filing process or legal resources in Ohio?
Respectfully submitted,
_________________________
Damien Tyrone Burrs, Jr
[Your Address]
[City, State, ZIP]
[Your Phone Number]
[Your Email Address]
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Make sure to sign and date the document where appropriate. Also, file it with the court and serve a copy to the opposing party according to your local court rules. Would you like more information on the filing process or legal resources in Ohio?
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