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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39139
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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How do I make evidence part of the record on a foreclosure

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How do I make evidence part of the record on a foreclosure case ?


You would have to file a motion to remove the receiver, state the facts that support your reason for the removal motion (i.e., real property waste/failure to maintain and preserve). As part of your declaration, you would identify and attach exhibits, and thereby get your evidence preliminarily into the court record. Ultimately, you would have to authenticate the evidence and have the evidence actually admitted during a hearing, assuming that the receiver objects to removal -- otherwise, the receiver would simply step aside and a new receiver appointed. Example:

I, [yourname], do hereby depose and say:

1. That I am the defendant in the above-entitled action.
2. On ??/??/????, this court appointed [receiver name] as temporary receiver in this case, and ordered receiver to collect rents for the mortgagee and take whatever actions were necessary for the preservation and maintenance of the real property, subject to this case.
3. On ??/??/????, I visited the subject property and found that it was overgrown with weeds, at practically every location where there is landscaping present (see Exhibit #1, photographs, attached).
4. etc.
5. etc.
6. etc.

Subscribed and sworn before me, this ___ day of ____, 2013, by:

Defendant, Pro Se
[city, state, zip]

Hope this helps.

Customer: replied 4 years ago.

Good information, can I request a hearing and submit the evidence then. Will they typically grant a hearing and what do I need to submit to request the hearing ? No more followup.

Ohio Rules of Civil Procedure permit local courts by rule to determine whether or not to grant oral hearing, and the procedure for the request. You will have to review your local court rules to determine what you need to do in order to request an oral hearing. You can also simply submit your motion with a request that the court decide the matter based upon the pleadings, unless it believes on its own motion that oral argument is required.

Naturally, you must serve a copy of your motion on the receiver, and the plaintiff/mortgagee. Either of them may also request an oral hearing or consent to a decision based upon the written pleadings.

Hope this helps.
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