An important court of appeal's decision was released today, 1/16/14.
CapitalSource fbo Aeon Financial LLC - Tax Lien THIEVES - had a case dismissed by the court of appeals.
CapitalSource Bank failed to register with the Ohio Secretary of State as a foreign company doing business in Ohio; therefore the courts lack jurisdiction to hear the foreclosure cases.
The courts do NOT and NEVER HAD jurisdiction over any of the foreclosures filed by these thieves.
NONE of the foreclosures should have ever been granted by the courts.
" CapitalSource Bank, an Illinois company, lacked standing to maintain suit because it is not registered with the secretary of state and was transacting business in Ohio. CapitalSource lacks standing to invoke jurisdiction of the court for failure to obtain a license under R.C. 1703.29. CapitalSource lacks standing under R.C. 5721.37 (C) (2). Even if Aeon Financial is a plaintiff, so is CapitalSource Bank."
*** URGENT *** If you have a pending foreclosure case filed by CapitalSource fbo Aeon Financial LLC, inform the court that CapitalSource Bank is a foreign company not registered with the State of Ohio.
Court of Appeals decision which outlines this issue " 2014 - OHIO - 119 CapitalSource Bank vs Miles "
CV-11-744822 CAPITALSOURCE BANK vs. ANDR'E MILES, ET AL
| 01/16/2014 | N/A | JE | Dismissed. |
| 07/08/2013 | P1 | CA | TRANSCRIPT OF PROCEEDINGS FILED AND TRANSMITTED TO THE COURT OF APPEALS ON CA NO. 100022. 2 VOLUMES |
| 06/24/2013 | P1 | CA | APPELLANT'S 9B RECORD TRANSMITTED TO THE COURT OF APPEALS CONSISTING OF THE TRANSCRIPT OF THE DOCKET, JOURNAL ENTRIES AND THE ORIGINAL PAPERS ON CA NO. 100022. |
| 06/20/2013 | P1 | CA | -------------------- NOTICE OF APPEAL -------------------- CA NO. 100022 NOTICE OF APPEAL FILED BY THE PLTF. APPELLANT W/A 9B PRAECIPE AND DOCKETING STATEMENT ON THE ACCELERATED CALENDAR. COPIES MAILED. |
According to Magistrate Carol Weiss, " An unlicensed foreign corporation cannot maintain an action in Ohio courts. The Magistrate finds that Plaintiff ( CapitalSource Bank fbo Aeon Financial LLC) transacts business in the State of Ohio because of a tax certificate holder, plaintiff in a systematic, continuous and deliberate way has availed itself of the privileges of conducting business in Ohio and partaking of the benefits and protection of Ohio Law. That is, through the forfeiture orders that conclude tax certificate foreclosures and sales, CapitalSource Bank has become record title owner of the vast majority of parcels on which it has filed suit. CapitalSource Bank , as a record title owner of real estate, thereby becomes subject to Ohio Court scrutinity (particular Municipal Court - Housing Division ) and continuing obligations between itself and residents of Ohio. Standing is required to invoke the jurisdiction of the Common Pleas Court. CapitalSource Bank fbo Aeon Financial LLC lack standing and is incompetent to bring suit."
Below is an example of the legal procedure used by CapitalSource bank when they want to do business in a state like Kentucky, CapitalSource creates an LLC subsidiary or related entity and they register to do business:
[1]
In Ohio, no such LLC subsidary or related entity was created by CapitalSource Bank; thus they have NO legal standing to do business in Ohio.
*** Please share this information widely. Our friends, famly and neighbors in Cuyahoga County, Ohio deserve to know. ***