James R. Douglass, Co., LPA
Summary
Main Office
20521 Chagrin Boulevard
Suite D
Cleveland,
OH 44122
(216) 991-7640
Years of Experience
30
Websites
Practice Areas
Geographies
Office Locations
Main Office
20521 Chagrin Boulevard
Suite D
Cleveland, OH 44122
James Douglass was the 1st Lawyer in Ohio to recognize & prosecute Robo-Signing by Mortgage Lenders!
James R. Douglass Co. LPA is a litigation based law firm in general practice of law dedicated to providing quality legal services at affordable rates.
Mr. Douglass has successfully argued before the Ohio Supreme Court and the several courts and agencies of the State of Ohio.
Having a background as an attorney for police unions, mortgage brokers and banks, Mr. Douglass knows DUI law and foreclosure litigation from both sides.
With this expertise, Mr. Douglass was the first practitioner in Ohio to recognize and successfully prosecute an action against a bank and foreclosure law firm for the despicable practice of the Robo-Signing of mortgage assignments.
Mr. Douglass provides his clients with expertise not possessed by other practitioners in the area. In addition, with his keen knowledge of the constitutional and statutory limitations placed upon courts in Ohio and their jurisdiction or lack of jurisdiction to hear disputes involving particularly situated individuals or disputes, Mr. Douglass has been remarkably successful in keeping his clients out of court and in their homes.
Case History
Bank of New York v. Unger
Practice Area: Foreclosure
Description: Foreclosure action brought against a homeowner
Outcome: Case was dismissed because Mr. Douglass was able to establish that the Plaintiff was not the holder of the note or mortgage and therefore not the "real party in interest."
Turner v. Lerner, Sampson & Rothfuss
Practice Area: Foreclosure
Description: Class action suit brought against a law firm for violations of the Fair Debt Collection Practices Act and Consumer Sales Practices Act for filing foreclosure actions against homeowners when the plaintiff bank was not the proper party plaintiff
Outcome: confidential settlement
State v. Carter
Practice Area: DUI and DWI
Description: DUI
Outcome: Case dismissed when Mr. Douglass was able to convince the trial court that the DUI law in Ohio was unconstitutional. (Case was later reversed by the Ohio Supreme Court)
State v, Babic
Practice Area: DUI and DWI
Description: DUI when the defendant refused to take breath test
Outcome: The defendant was found not guilty at the conclusion of a trial by jury.
State v. Hummel
Practice Area: Criminal Defense
Description: Defendant accused of raping an off duty police officer
Outcome: Case dismissed by the prosecutor's office when Mr. Douglass convinced the prosecutor that the victim was not credible.
State v. Pinchak
Practice Area: Criminal Defense
Description: Defendant was accused of carrying a concealed weapon in an automobile
Outcome: Case dismissed by prosecutor's office because Mr. Douglass was able to demonstrate to the prosecutor's office that the weapon was property of the owner of the vehicle and Mr. Pinchak had no way of knowing the gun was in the car when he borrowed it.
United States v. Russo
Practice Area: White Collar Crime
Description: Defendant was accused of stealing in excess of $65,000 from the federal government.
Outcome: Defendant plead guilty and received probation
National City v. Waters
Practice Area: Foreclosure
Description: foreclosure
Outcome: Case dismissed when Mr. Douglass was able to demonstrate to the Court of Common Pleas that the homeowner was the victim of predatory lending based upon improper conduct of lender in creation of the loan
State v. Andrews
Practice Area: Drug Charges
Description: Defendant was involved in a multi-state drug trafficking operation involving the conveyance of large quantities of cocaine into Cleveland using Fed Ex
Outcome: not guilty of trafficking guilty possession of drugs and criminal tools
State v. F
Practice Area: Juvenile
Description: Juvenile was accused of bringing a firearm into a school
Outcome: The juvenile was found Not Guilty at the conclusion of trial.
State v. F
Practice Area: Juvenile
Description: Juvenile accused of assaulting a neighbor
Outcome: The juvenile was found not guilty at the conclusion of trial and the trial judge admonished the Cuyahoga County Prosecutor's Office for not more fully investigating the case before charging the juvenile.
State v. Park
Practice Area: Drug Charges
Description: Client arrested in possession of crystal meth.
Outcome: Placed in intervention of lieu which was successfully completed and case dismissed
State v. R
Practice Area: Drug Charges
Description: Physician's wife was using his prescription pad to obtain narcotics
Outcome: Client successfully completed intervention in lieu and the case was dismissed
JP Morgan Chase Bank v. Galemmo
Practice Area: Foreclosure
Description: JP Morgan Chase Bank filed a foreclosure action against a homeowner based upon an alleged default on her mortgage.
Outcome: The case was dismissed by the Cuyahoga County Court of Common Pleas based upon Mr. Douglass' argument that the bank was not the "holder" of the note or the mortgage and therefore not a "real party in interest" and the bank failed to join all necessary parties to the litigation.
State v. Tullio
Practice Area: Criminal Defense
Description: Defendant was charged with trafficking, possession of cocaine and tampering with evidence.
Outcome: The defendant was admitted into a diversion program that will result in a dismissal of all charges.
BAC Home Loans Servicing v. Sweeney
Practice Area: Foreclosure
Description: Bank of America filed a foreclosure action against a homeowner based upon a default.
Outcome: The case was dismissed and resolved in favor of the homeowner because Mr. Douglass was able to demonstrate that the bank could not prove when it received the assignment of the mortgage loan and thereby lacked standing to prosecute a foreclosure proceeding.
AmeriCredit v. Galemmo
Practice Area: Foreclosure
Description: Bank brought an action to recover possession of a truck and to obtain a judgment against our client and his grandmother based upon default on an automobile loan
Outcome: Case against client and grandmother dismissed when Mr. Douglass successfully agrued that the security in the truck was legally insufficient. The counterclaim against the bank for violations of several consumer laws remains pending.
BAC Home Loans v. McElroy
Practice Area: Foreclosure
Description: Foreclosure defense
Outcome: Case dismissed by bank when Douglass entered an appearance and questioned the Bank's standing to bring a foreclosure complaint
Bank of New York v. Dolin
Practice Area: Foreclosure
Description: foreclosure defense
Outcome: case dismissed
Munger v. Deutsche Bank
Practice Area: Foreclosure
Description: After the bank and its law firm dismissed the Complaint when Douglass questioned standing, Douglass filed an action in federal court alleging violations of the Fair Debt Collection Practices Act, Consumer Sales Practices Act and that the Bank and its attorneys engaged in a civil conspiracy to violate state and federal law
Outcome: The motion to dismiss was denied and although the case remains pending, it is the first case in Ohio to allow a homeowner to prosecute a case against a bank and it lawyers for engaging in a civil conspiracy to violate state and federal consumer protection law
U.S. Bank National Assn. v. Lower
Practice Area: Foreclosure
Description: Defendant brought case to Douglass after it was lost on the trial court level. Douglass appealed and questioned the standing of U.S. Bank to pursue a claim on behalf of a securitized trust that was closed prior to the assignment
Outcome: Bank agreed to walk away from the mortgage and allow the homeowner to keep the house unemcumbered
Deutsche Bank v. Kaviliunas
Practice Area: Foreclosure
Description: foreclosure defense
Outcome: settled by way of loan modification
CitiMortgage v. Silvy
Practice Area: Foreclosure
Description: The bank had filed multiple foreclsure actions against the homeowner that were settled with a voluntary dismissal.
Outcome: Case dismissed based with prejudice based upon the "two dismissal rule" found in Rule 41(A) of the Ohio Rules of Civil Procedure and the bank is prohibited from re-filing.
Chase Home Finance v. Mousted
Practice Area: Foreclosure
Description: Foreclosure brought against a homeowner in suburban Cleveland
Outcome: Chase voluntarily assumed the house that was worth less than the mortgage rather than prosecute a case defended by Mr. Douglass
JP Morgan v. Galemmo
Practice Area: Foreclosure
Description: Foreclosure action
Outcome: Case dismissed by court when the Plaintiff was unable to overcome Douglass' argument that the bank was not the real party in interest.
Bank of New York v. Unger
Practice Area: Foreclosure
Description: Suit brought on behalf of a securitized trust that acquired the interest in the mortgage after the trust was closed
Outcome: Plaintiff's suit was dismissed by the Court when Plaintiff was unable to demonstrate that it was the proper party plaintiff
Phillips v. Knox County Court of Common Pleas
Practice Area: Foreclosure
Description: Writ of Prohabition filed against a Court of Common Pleas and sitting Judge for foreclosure rendered against a landowner that caused a foreclosure to be ordered against real property that was not the subject of the mortgage loan
Outcome: pending
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James Douglass |
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Location : Cleveland, OH
Practice Areas: Criminal Defense, DUI and DWI, White Collar Crime, Foreclosure