Court worker added to handle foreclosures

ELYRIA — Foreclosures are about to get easier in Lorain County, at least for the legal system.

The county’s judges have hired a magistrate to handle the bulk of the foreclosure lawsuits that have inundated the courts with paperwork recently —  a record 2,243 foreclosures were filed in the county last year.

Michelle Pena, a former civil attorney who for the past year has served as a bailiff for Common Pleas Judge Raymond Ewers, assumes the magistrate job today. She said she hopes she’ll be able to make the foreclosure process operate more smoothly and make things easier for attorneys working on the cases.

“With the massive volume, someone just needs to take care of all of them and have them all be uniform,” she said.

Court Administrator Tim Lubbe said each of the six general division judges have about 200 foreclosure cases and about 30 to 40 new foreclosures are filed each week.

The judges increased the filing fee from $225 to $500 at the beginning of the year for foreclosure cases, and that money will be used to pay Pena’s $74,714 annual salary and hire an assistant with experience doing title searches to aid her. The money also is being used to help Clerk of Courts Ron Nabakowski’s office keep up with the foreclosure suits being filed, a task it had fallen weeks behind on last year.

In addition, Pena will handle  protection orders in civil stalking cases for the judges.

But not all of the county’s judges will be taking advantage of Pena’s services for foreclosures.

On Wednesday, Judge James Burge took the rare step of naming staff attorney James Blaszak as a magistrate, giving Blaszak the authority to conduct civil hearings and hear non-jury trials in civil cases. He also will be able to set bonds, hold arraignments and appoint attorneys for defendants in criminal cases.

Burge said Blaszak has both the time and skill to serve as both staff attorney and magistrate, and he won’t receive additional pay for his responsibilities.

Blaszak will handle Burge’s docket of foreclosures, but he will defer to Pena on civil stalking protection orders.

“He has too much ability to have him just sit there and do research all day,” Burge said.

Blaszak has a criminal conviction stemming from a 2002 guilty plea to federal charges that he demanded compensation for testimony. He served three years probation, and his law license was reinstated in 2005.

Burge said he was well aware of Blaszak’s history when he hired him, and he considers Blaszak a top-notch attorney.

“I wish he didn’t have that conviction, but I guess that particular impediment to the appointment is far outweighed by his legal ability and reputation for being thoughtful and fair-minded,” Burge said.

The county’s five other general division judges have not given magistrate powers to their staff attorneys.

“I’m not inclined to do the same for my staff attorney, and if I feel a matter needs to be referred to a magistrate, I’ll refer it to the court’s magistrate, Michelle Pena,” said Presiding Judge Mark Betleski.

Pena said she doesn’t doubt Blaszak’s ability to do both jobs.

“On foreclosures, Jim Blaszak is sort of the resident expert,” she said.

Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.



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