In view of the huge number of foreclosures being filed, the United States District Court for the Northern District of Ohio has amended its General Order to require an affidavit to be filed with all foreclosure complaints. See Sixth Amended General Order 2006-16: Procedures for
Foreclosure Actions Based on Diversity Jurisdiction. The amendment modifies
Section 1.2.5 and requires as follows:
"1.2.5 An affidavit documenting that the named plaintiff is the owner and
holder of the note and mortgage, whether the original mortgagee or by later
assignment, successor in interest or as a trustee for another entity. The
following is acceptable documentation: (a) if the plaintiff is the original
holder of the note and mortgage, the copies of the note and mortgage (see
Sections 1.2.3 and 1.2.4); or (b) if the plaintiff is not the original holder
of the note and mortgage, a copy of the assignment of the note and mortgage
from the original holder to the plaintiff, executed and effective prior
to the filing of the complaint." This new requirement applies to all pending actions and new actions that are filed.