SAMPLE NOTICE AND MOTION TO STAY

FORECLOSURE (drafted in Ohio)

NOTICE MOTION FOR STAY OF
FORECLOSURE SALE PENDING
DETERMINATION OF FEDERAL
ACTION FOR VIOLATIONS OF
FEDERAL TRUTH-IN-LENDING
SETTLEMENT PROCEDURES ACT,
CIVIL RICO, AND OTHER RELIEF

Defendants, through undersigned counsel, move this Court to enter an Order

staying the foreclosure sale in this case pending the full determination of their Federal
action for Violations of the Federal Truth-In-Lending Act, the Federal Real Estate
Settlement Procedures Act, Civil RICO under the Ohio RICO statute, and for other
relief.

The grounds for this Motion are more fully set forth in the attached Memorandum
in Support.
Respectfully submitted,

MEMORANDUM IN SUPPORT OF
DEFENDANTS’ MOTION FOR STAY OF
FORECLOSURE SALE PENDING
DETERMINATION OF FEDERAL
ACTION FOR VIOLATIONS OF
FEDERAL TRUTH-IN-LENDING
ACT, FEDERAL REAL ESTATE
SETTLEMENT PROCEDURES ACT,
CIVIL RICO, AND OTHER RELIEF

Defendants, through undersigned counsel, file this Memorandum in Support of

their Motion to Stay Foreclosure Sale Pending Determination of [their] Federal action for
Violations of the Federal Truth-In-Lending Act, the Federal Real Estate Settlement
Procedures Act, Civil RICO under the Ohio RICO statute, and for other relief, and as
grounds state as follows:
1. This Court previously entered an Order which provides for a foreclosure sale of
the Plaintiffs’ primary residence to take place on Tuesday, June 24, 2008.
2. Plaintiffs have filed an action in the United States District Court for the Northern
District of Ohio, Eastern Division (copy of filed Complaint attached hereto and
incorporated herein by reference) sounding in violations of the Federal Truth-In-Lending
Act, the Federal Real Estate Settlement Procedures Act, Civil RICO under the Ohio
RICO statute, and other relief.

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3. Pursuant to the Ohio Civil RICO statute (ORC sec. 2929.34), the Court is
authorized, in connection with the prosecution of the civil RICO claim, to grant
injunctive relief without the necessity of a showing of special or irreparable injury to the
plaintiff, and that pending the determination of the civil RICO action that the court may
issue a Temporary Restraining Order or Temporary Injunction upon showing of
significant injury to the plaintiff (ORC sec. 2929.34(D)).
4. As set forth in the attached Complaint, Plaintiffs have and continue to suffer
significant and ongoing injuries and damages, including the loss of their home, if
emergency injunctive relief is not granted.
5. The Ohio Civil RICO statute also provides, as part of the relief afforded to a
plaintiff, that the defendant’s interest in any real property is to be divested when said
interest has been acquired through a pattern of corrupt activity. ORC sec. 2929.34(B)(1)
and 2929.32(A)(2).
6. As set forth in the attached Complaint, the Defendants named in the Federal action
acquired an interest in the Plaintiffs’ residential real property through a pattern of corrupt
conduct and activity.
7. Defendants thus request that this Court immediately grant a stay of all further
proceedings in or arising out of this action including a stay of the foreclosure sale
pending the full determination of the Federal action.
8. The granting of a stay pending the litigation of rights in another forum has been
previously approved by the Ohio Legislature and case law in connection with the
granting of a stay of state court proceedings pending arbitration. ORC sec. 2711.02;
Harlament v. Fishcher Attached Homes, Ltd., 2003 OH 694, OHCA 2003, citing Harper
v. J.D. Byrider of Canton, 148 Ohio App.3d 122, 2002-Ohio-2657, 772 N.E. 2d 190.
9. The same rationale, purpose, and grounds for the stay of state court proceedings
pending arbitration are applicable here, where Plaintiffs have challenged the legality of
the entire underlying loan process and have sought relief under multiple Federal Statutes,
State Statutes, and common law, including the Ohio RICO Statute which provides for
injunctive relief pending determination of the RICO claim and for the relief of divesting a
defendant from its interest in real property if that interest was found to have been
acquired by a pattern of corrupt conduct.
10. If the instant Motion is not granted, Plaintiffs will suffer irreparable injury,
including in the form of the loss of their home and eviction therefrom.
11. Any alleged prejudice to the Plaintiff (a bank Trustee for a group of unnamed
holders of investment securities who may in fact not even have legal title to the Plaintiffs’
mortgage and who, in all likelihood, never had standing to institute the foreclosure
proceeding herein ab initio) with the granting of this Motion is greatly outweighed by the
severe prejudice to the Defendants with the denial of this Motion.
12. This Motion is being filed in good faith based on Federal and State law legal
grounds for relief and not for any purpose of delay.
13. Under the circumstances where the purported Plaintiff in this action may not have
(and may never have had) actual legal standing to bring the foreclosure in the first
instance and may in fact not be the true or real party in interest at all, no bond should be
required as a prerequisite to this Court’s granting of a stay.
WHEREFORE, Plaintiffs respectfully request that this Court grant the relief requested

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herein for the reasons set forth, and for any other and further relief which is just and
proper.
Respectfully submitted,