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False Attorney Signatures Cast New Doubts on Foreclosures

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A house under foreclosure that is now bank-owned in the Spring Valley area of Las Vegas on Oct. 15, 2010. (Mark Ralston/AFP/Getty Images)

Many foreclosures have been thrown into question because of flawed documentation such as inaccurate affidavits describing a mortgage's history. But three recent court cases point to another type of flaw in foreclosure filings that could place thousands more cases in doubt: false attorney signatures on court documents.

Experts said that foreclosures that relied on court documents with the signatures of attorneys who in fact neither signed nor reviewed them are vulnerable to being thrown out in the 23 states in which foreclosures must be approved by a judge.

"What you have is a non-lawyer engaged in unauthorized practice of law, and that would be a serious problem in terms of that foreclosure judgment withstanding that kind of attack," said Max Gardner, a consumer bankruptcy lawyer and an expert on foreclosures. While the extent of the practice remains unknown, filings in the recent cases allege that law firms that specialize in foreclosure systematically directed their clerical staff to sign documents in the name of attorneys.

A suit filed this fall in a federal court in Pennsylvania, on behalf of a homeowner facing foreclosure from the Bank of New York, prompted a striking admission by the bank's lawyers. In a deposition cited in the lawsuit, attorney Gary McCafferty -- whose firm specializes in representing lenders in foreclosure cases -- acknowledged that many documents his firm submitted to court with his signature had in fact been signed by administrative staff and that he had neither read nor reviewed them.

"Complaints were filed without an attorney seeing them," McCafferty said in the deposition.

McCafferty also said that his firm no longer engages in this practice. He did not return a phone call from ProPublica inquiring about his firm's role in the case.

False attorney signatures are different from robo-signing, in which mortgage company officials sign large numbers of foreclosure documents without checking the accuracy of the details. Bob Davis Jr., a Pennsylvania lawyer who concentrates on the defense of attorney ethics cases, said that falsified signatures from lawyers on case pleadings can void a foreclosure by rendering key documents invalid before the court.

"In litigation the signature of an attorney means something very specific: that they've read the material and attest that it's truthful," Davis said.

Davis said that while it is not good practice, it is permitted to use a name stamp or have another person physically sign an attorney's name, but only if the attorney has personally conducted due diligence and determined that the material is truthful. He also distinguished between documents with false signatures and those whose contents are materially false. If an attorney has allowed another person to sign court documents in the attorney's name without reviewing them, but the underlying evidence is accurate, Davis said it may be possible -- but is by no means certain -- that the pleadings could be corrected and re-submitted to the court.

In some cases, false attorney signatures have led to foreclosures being dismissed. In October, the Baltimore Sun reported that lawyers from two Maryland firms that handle foreclosures acknowledged that they had not in fact signed many affidavits filed with their signatures and had submitted "corrective affidavits" to try to remedy the problem. The two lawyers, who have reportedly filed more than 20,000 foreclosure cases in Maryland since 2008, told the Sun that they had reviewed the content of all their affidavits although they did not always sign them themselves.

However, one of the lawyers, Jacob Geesing, agreed to dismiss five foreclosure cases after an attorney representing homeowners filed motions last November to dismiss them on the basis of "fraud on the court" related to false attorney signatures.

A class action suit in federal court in Mississippi against the foreclosure contractor Lender Processing Services includes similar allegations. The suit, which the U.S. Justice Department has joined as a plaintiff, charges that LPS engaged in unauthorized practice of law, according to an investigation by Reuters.

Reuters obtained legal testimony and internal LPS documents that show foreclosure documents were "mostly prepared by clerical workers, not lawyers," and that LPS created a ratings system that rewarded law firms that processed documents quickly, often at the expense of being reviewed by lawyers. LPS told Reuters that its clients can pick the law firms that represent them -- although court documents show that its clients signed agreements to use LPS's network of lawyers -- and said that its system did not encourage carelessness by law firms.

Gardner, the bankruptcy attorney, said that he believes the problem is widespread because it results from the business model employed by many law firms that specialize in foreclosures.

"They have a small number of attorneys and a very large back office," Gardner said. "The first time an attorney knows anything about a case in these kinds of operations is when someone like me files a response."

Lawyers who are found to have authorized fake signatures could face sanctions, such as reprimands, or suspensions of license, said Dianne Coscarelli, a partner at the firm Thompson Hine and the vice-chair of the American Bar Association's Real Estate Finance Group.

Gardner, the consumer bankruptcy lawyer, said he expected that false attorney signatures will become the target of increasing scrutiny. He said that additional class action suits against law firms that specialize in foreclosures, sanctions by state bar associations against offending lawyers, and investigations of the practice by state attorneys general are all likely possibilities.

"I think this is the next huge issue," Gardner said.

Why are the attorneys not being disbarred for their part in this?  They allowed documents to go out of their office without approval??  They allowed office staff to sign complaints with their names on it.  They ultimately are responsible for the people who work under them.  They are suppose to supervise all activity.  What a cop out.  Disbar them all for allowing the staff to do their work unsupervised.

seamus o'bannion

Dec. 13, 2010, 4:29 p.m.

“Gary McCafferty—whose firm specializes in representing lenders in foreclosure cases—acknowledged that many documents his firm submitted to court with his signature had in fact been signed by administrative staff and that he had neither read nor reviewed them.”
And how can he be sure that the administrative staff read or reviewed them? How can this not be illegal and grounds for civil penalties and disbarment?
The rights of the people of this country are being flushed down the toilet!
seamusobannion.blogspot.com

O.K. If these Lawyers did this, then, as Laura above says, they should be disbarred. But, of course they wont be. Now, I might be simple minded, but it seems to me that every Lawyer, Law firm,  Bank, Salesman, Lender Service Co, in fact every body that has to do with this dastardly deed[s], are guilty of fraud, conspiracy to commit fraud, perjury, and any other assortment of felony’s that pertain. I might also add, that the very politicians in Washington are implicated too, by virtue of their allowing these practices to take place in the first place. But, as they say, too many people are involved, so one would think that the conspiracy element wouldn’t apply, just as they say about 9-11 conspiracy theories. Then of course, the Supreme Court will back up with a 5-4 verdict against conviction.

You that right Norman!

Isn’t the attorney liable when his or her signature is falsely presented to the court? Can the homeowner sue?
At a bare minimum how ‘bout a detailed complaint to the state Bar association, and any banks or other insitutions that hire this “attorney.”
Squeeze ‘em where it hurts, y’all. That’s what they are doing to us.
We get a trashed FICO score for 5-10 for following the bank’s directions and suspending mtg. payments to “qualify” for the program? And the “lawyer” whose docs will enable the theft of our homes can’t even be bothered to glance down at the paperwork and sign?
Really?
Storm the keyboards, folks. Let’s get those state bar assocaitions buzzing about just how dep the housing bubble corruption goes.
Remember, folks: payback’s a witch.

Latest BS from Chase, this after I sent Dimon & Lowman an email telling them I’ve requested a forensic audt through SIGTARP and my attorney will be in touch:  Also, Carol’s title & dept. change more often than N.E. weather.

Ms. C.,

Rich got back with me.  This is a summary of what he said:  The Quit Claim Deed removes Don Armour’s interest in the property.  However, his name will not be removed from the loan.  He will always have financial liability for it whether or not he is paying on the mortgage or living in the property.  What Rich said to do is to execute the modification agreement and return it to us with a copy of the QQD.  I know we have it in the file but it would be most expeditious to have it all in one package.  You may also wish to enclose a brief note explaining that Mr. Armour does not live in the property and you do not have knowledge of his whereabouts and that you have the executed QQD.  We will move forward from there.  Thank you for all of your patience and assistance with this matter.  Have a good evening.

 

Carol Masters

Executive Office Specialist

Default Escalations Department

It’s a great day for a hanging.
I say bring’em out, put the noose around their neck and drop the trap door on all of them. The banks, the lawyers, the judges that allow it, the robo signers, the lousy agents and underwriters that made this happen and most of all. Any congressperson or senator still in possession of a seat or not. This is so fluffing outrageous, I can not even adequately express my anger over all this bs. And yes, I think the conspiracy theory could be applied here.j

acmodspecialists

Dec. 13, 2010, 10:32 p.m.

Another form of property rights violations, Now with the attorneys being allowed documents to go out of their office without approval? falsification of signatures, etc. and more…, how many types of violations how to occur for finally someone do something about it?
Property rights in this country have gone down the tubes !
You have more property rights in banana republic that here in the our nice USA!

from Seamus previous coment:
Repeatedly we hear from virtually every president at some point in his term “We are a nation of laws and not of men.” Possibly we hear it so much that we believe it to be true everywhere. After all, how many dictatorships are there? And a nation in which laws are ignored and men rule in their stead must be a dictatorship. What, if not law, can contain a man or group of men?
The United States wasn’t like that - but we seem to be getting there. We are on a trajectory of greater poverty, inequality, and injustice property rights violations, frauds, without any acountabilitty And the arbitrary use of law to protect the center of power.
As example we have our Neighbor Mexico there is no acounatbility and that is the main problem why they can not content the violance, crimes, violations etc

Good luck getting an attorney sanctioned or disbarred.  I recently had cause to file a complaint of fraud against an attorney in Missouri and I took great care in seeing what was necessary to prove and I did so.

After a couple of weeks I got back a letter from the Commission stating, basically, if there is a legal remedy for whatever “wrong” was committed by an attorney that was the place to pursue it and that the commission had no authority to take action.

That is stupid, imo.  If they are not able to supervise and oversee attorneys as is so frequently held up as proof we can trust our attorneys, then why have the commission?  the answer is simple.  The commission is just something to point to as evidence that we are protected but its an empty shell, it does nothing.

acmodspecialists

Dec. 14, 2010, 2:16 a.m.

You are 100% correct Anne

@acmodspecialists….. If only I could be right about something more positive.

Yes, it is true, that overall it is a waste of time to file a complaint against an attorney because its part of “the brotherhood/system” to cover for each other.  Same thing with judges.

In my case, specifically, this attorney, among other things, submitted documents as evidence knowing that the same forms of evidence had gotten them fined huge sums of money in other courts and nearly barred from practice in one state.  Specifically, affidavits that are sworn to as knowing certain details when the fact is they were hired to sign documents and that is all.

Here is what one of these employees had to say in a recent court case which plainly states he signed documents he knew nothing about and he swore that he had personal knowledge.  The attorney in my case working for this same company had to have known or should have known that they had been found to be fraudulent in other cases for their client:

6.21. Generally each day the Encore Defendants assign approximately ten (10) to twelve (12) employees as a “legal specialist” or “specialist” to sign affidavits.
6.22. Each affiant (“legal specialist” or “specialist”) signs between One Hundred (100) to Four Hundred (400) affidavits a day.
6.23. Each affiant (“legal specialist” or “specialist”) signs each affidavit without personal knowledge of the facts and statements contained in the affidavits.
6.24. Which affiant (“legal specialist” or “specialist”) signs which particular affidavit is randomly determined based on when the affidavits are printed rather than any knowledge of the account that is being verified.
6.25. Ivan Jimenez is an employee or former employee of MCMI.
6.26. Mr. Jimenez testified under oath that he personally signed between “200 and 400” of such Affidavits [MCMI “Form 400”] per day. See Midland Funding LLC v. Brent, 644 F.Supp.2d 961, 966-967 (ND OH, 2009).
6.27. Mr. Jimenez testified under oath that he has no personal knowledge of the facts he is attesting to on behalf of the Encore Defendants. See Midland Funding LLC v. Brent, 644 F.Supp.2d 961, 966-969 (ND OH, 2009).

And yet the attorney in my case used one such affidavit they have already been called on in other courtrooms so she knew it was fraudulent and unacceptable as evidence.

Now, in the letter I got from the disciplinary counsel it says:

“The matters you raise in your correspondence, including proof of service and admissibility of evidence, involve legal issues that are within the jurisdiction of the courts to resolve.  This office has no jurisdiction in such matters.”

Yet their advertised mission/purpose is, among other things:
QUOTE
The Office of Chief Disciplinary Counsel is an agency of the Missouri Supreme Court and is responsible for investigating allegations of misconduct by lawyers, prosecuting the cases where a lawyer’s misconduct poses a threat to the public or to the integrity of the legal profession, and maintaining current records of disciplinary information for lawyers licensed to practice law in Missouri.
UNQUOTE

QUOTE:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects;

(c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice;
UNQUOTE

All of which seems contradictory to me.  Their own website says they are to oversee professional conduct etc. and yet they say it is not their authority to do so.

You see, its all smoke and mirrors, a shell game for hucksters that would be better suited as employees in a carnival.

A joke.

acmodspecialists

Dec. 14, 2010, 4:58 a.m.

Anne, I would right a letter back to them stating their own words:
The Office of Chief Disciplinary Counsel is an agency of the Missouri Supreme Court and is responsible for investigating allegations of misconduct by lawyers, prosecuting the cases where a lawyer’s misconduct poses a threat to the public or to the integrity of the legal profession, and maintaining current records of disciplinary information for lawyers licensed to practice law in Missouri.
UNQUOTE

QUOTE:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects;

(c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice;

You have nothing to lose!
Good luck

@acmod… probably nothing to lose, although call me paranoid if you want but I have seen people get hassled big time, some are attorneys, for ‘rocking the boat’.

I’m sure I will file a response.  They never invited me to respond, I’m sure that its all done with as far as they are concerned.

I have spent the better part of a year and way too much of it looking up laws on several issues I face and quite frankly I’d like to have my life back but then this voice inside keeps nagging me to keep going.

You do see the contradiction, though?  But then we plebians are not supposed to question are we?  We should step to the back of the bus and be quiet.

Anne, it’s not to step to the back of the bus; it’s get UNDER the bus!

I know I got thrown under there—it hurts!

Anne,

You need to go above the Courts. You won’t get satisfaction from the ‘system’ as it has already given you its answer. You need to find a willing politician at the state level and tie that with the court of public opinion to make the ‘system’ move. Make it more painful for them to not act than to do their job and bring the attorney to task. Pain they don’t like and when the fire is hot enough they will act.

At $300 to $400 per hour an attorney can’t take some time to review and sign their name.
Once again my belief in corruption starts with a law degree, it continues to be reinforced daily with revelations like this. Consider that 90% of legislative staff at local, state and federal level are attorneys and add to that the legislators themselves, 99%. Greed and Corruption!!
Maybe the question should be did you go to law school or Greed and Corruption School. God laws are so much simpler and to the point

I appreciate everyone’s encouragement and interest in the attorney discipline thing but you need to read the link I posted here, it’s from a very reliable source, very respected, and there are lots more out there like that and what I know is going no where.

NO ONE wants to hear what I have to say.  In fact, they tell me I’m either crazy or people are going to say I’m crazy so I better knock it off, I have contacted newspapers, other attorneys, TV stations, NO ONE WILL TOUCH IT.

And its all outlined in that link why they won’t.  And online, the evidence is everywhere.  For a while I felt like it was just me, but its not just me, WHOEVER tries to raise such a question becomes invisible.  Chat rooms get quiet when you go there, people quit emailing you, no one answers your questions.

I’m not crazy and I’m not paranoid, I just can see and hear really good whats going on.  It’s not that I have not tried, I’ve been trying for what seems like forever.  For a while I thought a TV anchor was going to help me out but he’s disappeared too and the newspaper guy has blocked my email so sorry, its not that I’m bailing, I just have been awakened to reality.

I could post a dozen other links that say the same thing.  A couple of attorneys have lost their law license for getting too involved/interested, and one is in jail now for ten years.

People like you will listen because you have been touched by this, you see that all is not as it should be.  But for the rest of society, it makes them too uncomfortable to have to contemplate what I’m saying so they blame me and say its my fault or else more ‘you’re crazy’ talk.

It’s a sad reality but its true.

Here’s a quote I find relevant from Voltaire “It’s dangerous to be right when the government is wrong”.

David- I do not believe this horrible situation could be expressed or explained any clearer. Your description of the next generation’s response is not only chilling but factual. Along with what is transpiring NOW…those with the power to make positive change prefer to go with the status quo.
All to the detriment of what was once a great nation.
I pray that GOD takes pity on us all!

David-The scenarios you describe are just a fraction of the possibilities.I thank GOD that I basically have just myself to look out for…but that does not mean I do not have STRONG feelings for those who are effected by basically the unchecked greed of these a..holes. I mean how much money can one actually spend in a lifetime. Where are the consciences?
You are a regular in this forum and seem to have a broader insight than the average person. Why does it have to be this way?
Most people who follow what I have to post might feel I am a bible thumper. Truth is I do believe in the teachings of my GOD and the supreme sacrifice HE made to ensure we have everlasting life. At this point I am almost ready to check out…I am disgusted by what I have seen…along with knowing what might come to happen. All of the innocent blood that will be spilled. I am a grown man…but I still weep occasionally with the knowledge of what is happening, with fact it is getting worse everyday.
Regardless of my religious beliefs…I will not take MY fight to the streets…but alas even my fight inside my last refuge might cause harm to someone just doing their duty who is both oblivious and innocent. HOW SAD….all for the greed of a few!

Hi Roy - when it comes to the biblical aspects of these foreclosure mills - well - I believe these boneheads are violating one of the most basic of God’s principles. I also happen to believe it is one our country was built - that is the principle of the Gleaning Fields. Some folks might think whatever but this principle comes from where God told Israel to send the pickers (harvesters) into the field only ONCE and leave the remainder for the poor, orphan, widows, and alien. The foreclosure mills & lenders are violating that principle in a big-way by repeatedly attempting to harvest and worse, harvesting what is not legitimately theirs.

We are due for a serious year of Jubilee - restart.

There are many scenarios but the point remains - sooner or later “one” of those scenarios will eventually surface.  Sometime last year a family in LA kidnapped their lender’s agent and assistants and was torturing them in the basement.  I believe one of the victims escaped is how they were found-out.

Why does it have to be this way?  A biblical answer - sin nature of man.  Without transparency there is no accountability.  Without accountability there is no restraint.  Compound a lack of restraint with no consequences and it doesn’t matter how great the intentions - how moral or noble the cause - sooner or later compromise seeps in.  Compromise isn’t the issue so-much as - compromise without transparency & accountability.  How can anyone trust our Gov, Fed Reserve, or Court system, while the backdoors are closed, curtains drawn, and windows shut-tight? 

I would never threaten those that must perform their duties like deputies - they are not the issue.  I’m not too concerned with taking out a few foreclosure lawyers - that’s easy enough to do anytime.  Taking out several hundred or their entire families, that sends a message.  If society reaches that level you can believe every so-called “religious” group will automatically become suspect & labeled terrorists. Our wonderful Gov has practically done that already.  That’s all part of their preparations - misinformation - skew - distort - make a few arrests of so-called “religious” groups to plant the seed.

Jefferson said -  “I hold it that a little rebellion now and then is a good thing…”  it appears we’re overdue for a “good-thing”…

One can only imagine if these whimpy leaders of today lived back then - we certainly would not be the same.

Nobody likes to see war or violence. Patrick Henry put the line in the sand very clear - I see no reason to pull back that line. The Banks might have money to buy protection but 20-million families is a little difficult to escape from - regardless their ivory towers. A little taste of reality never hurt no one.  Time to pay the piper is coming…

I’m afraid I don’t see the police being all that supportive of “us”.  What I see is Big Brother carrying a big stick and using it on us.

I see police officers confiscating cameras and video-cams and arresting us.

I’m afraid we should not count on any help from that other “long arm” of the law.  They are the same ones who will sell my house on the courthouse steps without a backward glance at me.

There IS NO SUPPORT “in authority”.  There is no higher power to appeal to.  Yes, it will get bloody, I don’t see how it can be avoided because we are being robbed in broad daylight and the thugs who do it don’t have to hide because apparently according to THE LAW they have done nothing wrong.

I have learned that “support” is not there.

Yes, I guess you could say I’m bitter, go figure.

Roy:  I have done my share of crying too.  Crying for my children for what have they inherited from us?  Tyranny, chaos, corruption.  It is not the way I envisioned it to be for them so yes, I cry.

The idea of a “patriotic” holiday like 4th of July seems ludicrous and obscene to me.  My father was a veteran having served in the Navy.  If he were alive today he would not believe what this country has come to.

This entire year has been a struggle, one thing after another, and all of them having to do with the lack of law enforcement or justice.

An opportunist who has NO RIGHT to one cent of mine has used the courts to try to get what is mine and make it theirs.  They are still trying.

I’ve about given up on the “permanent modification” I signed over 3 months ago.  Because apparently I am the only one who signed it, its just another in a long line of “tricks” from Bank of America.

And finally my house being invaded and my possessions stolen by three able-bodied young black hoodlums who (do you see the theme here) took what was mine and made it theirs.

What I desperately need is for summer to be here as the only peace I can find is in my garden watching the birds and my puppies and the squirrels.  The birds chatter and sing to me.

But I do not know if I will have another chance to be with them again, to feed my birds who each morning are waiting for me looking inside my screen door to see if breakfast is on the way.

It is winter outside, very cold, and it seems to be winter in my soul as well.  Maybe someone else will feed my birds but I don’t think so.  But even if they do, no one will appreciate their sweet song like I did.

Endings can be very bittersweet.

David-I am sure you have noticed that your post was taken away…maybe due to being too graphic or possibility of giving one an idea. I am against violence…but would not hesitate to defend myself if need be. Although I would relish the opportunity (to the point of giving up my life) to make this right for all who have been wronged. I just cannot fathom how things have been allowed to come to this. Sin, yes you are absolutely correct.
Anne-I have read your posts with much heaviness in my heart. I need you to know that I find you in everyway to be sane…and I believe you. Not only believe you, but believe in you. Your love for GOD’s creatures will not go unrewarded.
Somehow we must do whatever our HEARTS tell us to do…especially now in the twilight of our days here on this earth. Please try to be at peace with yourselves, knowing you are not the one’s responsible for what has happened. Above all LOVE your fellow man, yourself and the good Lord. Knowing that all will be right in the end. GOD bless all!

Roy, thank you for believing me.  It is vexing enough living this but to live it and be called a liar or crazy is hard to deal with.  It all feels rather surreal actually.  I, like you, cannot fathom how we got to this place except to say that surely it is nothing sudden its just that I was one of those blissfully (and stupidly) unaware.

I find myself most frustrated with those who refuse to see and who don’t want to see.  When we were kids closing our eyes to the monsters who lived under our beds may have been a somewhat successful way to deal with them.  However now it is exactly the opposite.  But I wonder if it hasn’t gone too far to be corrected and so maybe those who are unaware are better off that way.  I mean, if there is precious little we can do that will make a difference isn’t it better to be unaware?

It’s disorienting.  I feel like a player on a chessboard that some one has petulantly tipped nearly on end and all the pieces go sliding down into oblivion.

I guess I either have a vivid imagination or else my “sixth sense” is as effective as ever at sending out messages to me.  Messages I don’t want but they come anyway.

I remember wondering (my grandparents were German immigrants who thankfully were gone from Germany before Hitler took his harsh grip on the country) when I read stories about the times before the Dachau and Auschwitz and all the others, why didn’t people leave, get out of harms way?  Some did.  Others couldn’t have anticipated how bad things would eventually become so they allowed themselves the luxury of dreaming of better days ahead and believing that the world would soon be righted and then things would continue in mostly as before.

I think I have never paid much attention to “political” things but just recently its become impossible not to “know”.  Of course there is no way of knowing just what tragedies will come to pass or how it will be written of in history books, if there are books left to be read and people to read them.

On the one hand I chide myself and think I really must stop engaging in these unpleasant flights of fantasy.  But then I think about the others before us, who should have gone but stayed.  Anyway, the world is both large and small nowadays and so where would you run to anyway IF you had the wherewithall.

I read a very interesting article this morning in AlterNet “Are Right Wing Libertarian Internet Trolls Getting Paid To Dumb Down Online Conversations”.
It made me think of times when people in this forum like David,ibsteve2u,Anne,Gabor and others have posted awesome comments, only to have someone jump in and try to discredit their opinion.
More than anything I have appreciated the input of most here. Along with dealing with these issues myself, I have “been taken to school” by some very intelligent people. For that I am grateful.
With that being said…I hope the clowns (trolls) don’t decide to enter!

1)  Any attorney who authorized a filing with an false signature on it ought to be disciplined by the appropriate authorities.  Whether that means disbarment or something less, I don’t know, but the penalty ought to be consistent with prior cases.  If there’s a pattern of perjury, the state ought to prosecute. 

2)  Courts should not allow mortgage foreclosures to proceed on the basis of false filings.  The proceedings ought to be stayed until the paperwork can be cleared up. 

3)  Anyone who has failed to pay his mortgage but gets to stay in the house and avoid foreclosure because of bad record-keeping by the banks and its attorneys, well, those people are no different than criminals who are sprung free because of some technicality, like not giving a timely Miranda warning.  If you didn’t pay the mortgage, you have no moral right to live in the house even if you have a technical defense to foreclosure.

I agree there should be sanctions, strong ones for attorneys and judges who participate in allowing fraud to go forth in foreclosure (or any) proceedings.  HOWEVER, that is not what happens.
So what do you suggest when a person has fallen behind in his/her mortgage AND the proof to substantiate who owns the loan, etc, cannot be found.
Are you suggesting the person who was buying the home should be evicted and the house left vacant because no one knows who owns it?  No one will take care of it and it will become and eyesore and help to destroy the community.

If the person who has been taking care of the home and paying the mortgage, performing upkeep and improvements on the loan, keeping the property up to code (cut grass, weeds, etc) falls behind in his/her mortgage due to the misconduct of banks and if the bank, in its avaricious greed to consumer more property and make more money in questionable circumstances and unethical behavior, loses the proof he owns the loan then who better to remain in the home than the one who has thus far tended to it and may have made substantial improvements in the home?

The banks are guilty of misconduct in creating this entire foreclosure debacle.  If they failed to keep records to substantiate their ownership then I suggests PAYBACK IS HELL.

what you think about this my home was foreclose on and the loan note belong to someone elas at a nother address and a nother name on the loan note. By B/A so were that happen at in Georgia and everyone knows that not my deabt for 23 years my note is paid off, So why am I Homeless os of 12/15 with my 15 years son. top it it off the foreclose on my in the state o flordia and I live in Georgia, How That happen? becase I would not lee the put my under nother govement asignment to help pay for this country deabt. you see we use to slave to the ground now we save to the courtry deabt and if you dont pay there game they take your home and give to some who will. this countuy have huge amount of deabt they owe all oversae and the was they see it we will never own you home they will reasign your and the foreclose on you and start over with the net group that have to keep the money flowing to the point the are flippen loan note and your house you will pay three time a much on you home and if you fight it the take it Illagely form you because to to pay the deabts. but I did not make the deabt so why should have a deabt that dose not belong to me again?

What are you saying, that your home has been foreclosed, that it is a done-deal?  You say the loan note belonged to someone else.  Was the note on your property or another property?

I’m not sure where you are coming from on this or what exactly happened.  What is your status now?  Is you home essentially gone and you no longer there?  What state do you live in.  Some states have to go before a judge to complete the process others (like mine) just have the sheriff sell your home.  The state I live in has little protection.  Some states are better than others?

Please give more info. Thanks.

If you are homeless then you have my empathy for your situation especially of as you say you had no note and your mortgage was paid off.  Please give more info about the state you live in, whether there was any court action, who held the note and how did they go about saying they had the right to take your home?

The system is screwed up because the monetary system in America is built on fraud! This money is created out of thin air with no intrinsic value. Back in 1933 Money was backed by gold or silver coin (see definition of real money). Money today is fiat money. Only account ledgers attached with your signature as a promise to pay a fictitious person through your slave labor. You will never meet any human being named BANK OF AMERICA, TD BANK, STATE OF NEW JERSEY , ETC…....  Just a fiction created to steal your money. There is no employee in that bank that ever lend you any money! This is God’s land and unless the lawyer has a deed of trust from God then this is not the banks land!  THIS IS GOD’S LAND! There is a difference between legal and lawful. Legal is created on paper for commercial purposes. And Lawful is tangible evidence of rightful possession of property!

you so right , those bank are the goverment the why B/A all those othere one have not had any charges file againt them. here in Altanta the any reason the A/ G office got involve and they was the last state get involve becase all 50 state was ask too, they have told the me already they cant help me and this is part of what they are looking into the state of Georgia is still the good old south nothing chsnge believe me the only legal help I have had all these years is God and prayers and God have a plan because his law is above there law any day.

Yes, the banking system, the Federal Reserve, which is not, by the way, federal, it is all one big gigantic shell game and you have even less chance of winning than you did in similar games run by carnival hucksters and fly-by-nights.

Now you see it, now you don’t. 

Can you guess, btw, who has your mortgage note now???

Homeless, I hope that you are homeless, at least if you must be, with family/friends to back you up.

There should be help for people in this situation, all kinds of it, including legal help which we can ill afford, especially now that the economy is in free fall.

But, as was said long ago: “If wishes were horses beggars would ride”

Bob at RRG Foreclosures

April 21, 2011, 9:13 p.m.

Yes indeed, in February 2011, HSBC held an REO conference in CA, where they disclosed that they had a 5 year inventory on their books of foreclosures. With the subsequent revelations by 60 Minutes on all the loan fraud found in mortgage underwriting, the banks have put the brakes on, on acting on the foreclosures they have pending government review.

The housing industry is in a fine mess right now, and there’s no telling when it will all end.  We’ve got a long hard road ahead of us as a country.  Only time will tell if intervention helped or hurt us in the long run.

Ray Shelton

April 10, 6:54 a.m.

US Bank finds another Miami law firm to do their dirty work. Paul Mckenna out of Miami and his young attorney Andrew h Braaksma. Have now submitted forged documents to a Federal Court in Jacksonville Fl. for US bank and we will be holding them responsible for fraud on the court including any damages as debt collectors in our new law suite. Paul McKennas and his law firm as third parties to US Bank are also violating the OCC cease and desist order agreed to by the Board of Directors of US bank and must be held responsible. We will also file a complaint with The US Attorney General and our Florida Attorney general including the FBI and local law enforcement etc. The last attorneys motioned the court to release them of any liabilities we objected and won. If you know you have forged documents that have been submitted by these guys sue them and report them asap

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