- Real Estate
Tips and Tricks to Analyzing Your Foreclosure Documents for Robosigning and Fraud
It is now widely known that banks do not have clear ownership rights to property in this country, due to problems of their own making. Basically, no one knows who owns what with regards to property in this country. There would be no need to commit fraud and perjury by submitting false documents to the court if the banks would have followed the rules regarding property law, which have been around for hundreds of years.
If banks have to resort to using false documentation in an attempt to foreclose on a property, they do not have a case and will lose when a homeowner fights back. Banks DO NOT want to take the case to trial and risk having the fraud exposed.
If these false documents are used by the banks to foreclose, it creates issues with the title to the property that cannot and will not go away. CLEAR TITLE CANNOT BE OBTAINED BY FRAUD. THE BANKS CANNOT SELL WHAT THEY DO NOT RIGHTFULLY OWN IN THE FIRST PLACE. A lawsuit to "Quiet Title" will need to be filed in order to resolve these issues with title and ownership
With that being said, here are some of the most common examples of things to look for in false documents, which have been submitted by the banks in various foreclosure cases. There are new instances of document fraud being discovered daily and this is by no means a complete list.
1. The document was notarized in a different state that where the "bank" was located. (Ex: Deutsche Bank is located in Santa Ana, California, yet the document was notarized in Florida).
2. The date the document was drafted is the same date that the document was filed with the court.
3. The "party" that signs the document is acting as an "Attorney In Fact" or an "Authorized Agent" for the servicer.
4. The name of the servicer or party signing the document is stamped onto the document.
5. The document appears to be a standard document that has spaces designed to "fill in the blanks" with whatever information is needed.
6. The party signing the document as a "Assistant Secretary" or "Vice President" is the same person who notarizes the document.
7. You cannot determine the name of the signature as it appears as a "squiggle line" and the name is often not printed underneath the signature line.
8. The date that the document was signed is not the same date that it was notarized.
9. The same "Assistant Secretary" or "Vice President" appears on other documents as officers of multiple other banks, around the same time frame.
10. The same "Assistant Secretary" or "Vice President" has offices located in multiple cities across the country.
11. The document is notarized on a separate page and the font/style of the notarization is different than the font/style of the main document.
12. The document is "backdated" in order to reflect an earlier required assignment , often many years after a company goes out of business, is taken over by another agency, or files for bankruptcy protection, etc. (Ex: Document is signed March, 2009 with an "effective date" of February 2006).
13. Any document that is signed by an officer of MERS. MERS is an electronic registry and does not own any mortgages.
14. The notary signed and notarized the document without attaching a notary seal, not signing the document as a notary or leaving blank the signature line of the person appearing in person to have the document notarized.
15. Endorsements of the note must appear at the bottom of the original note if there is room and not appear as a separate allonge.
16. The document appears to assign the mortgage from the originator (A) directly into the trust (D), bypassing all of the required assignments per the PSA and governing documents of the trust.
17. An "A to D" assignment that occurs several years after the cut off and closing dates of the trust. (Ex: The assignment is dated in 2009, yet the closing date of the trust was in 2006).
18. There is a "lost note affidavit" that is filed, claiming that the original note was "lost". There is no way that a bank would "lose" a note with a value of hundreds of thousands of dollars. If it was lost, shouldn't the police be called to report it as stolen and/or missing??
19. The dates on the documents are dated AFTER the foreclosure lawsuit was filed or the date that the homeowner files for bankruptcy protection.
20. The document is stamped as a "Certified True Copy" or "this is not a true certified copy".
21. Any documents submitted are signed by the same attorney who filed the complaint/lawsuit.
22. The documents are stamped with the standard Fair Debt Collection Practices Act language: " This is an attempt to collect a debt and any information collected will be used for that purpose". THE MORTGAGE HAS BEEN CHARGED OFF AS "BAD DEBT".
23. The "Assistant Secretary" or "Vice President" is acting as an "agent" or "nominee" by a Power of Attorney, but there is no attached or recorded Power of Attorney.
24. The "Assistant Secretary" or "Vice President" is signed by a known robo-signer, including: Scott Anderson, Bryan Bly, Crystal Moore, Linda Green, Tywanna Thomas, Korell Harp, Jessica Ohde, Tamara Price, Denise Apicella, Jule Keen, etc. IT IS THE RULE THAT MOST IF NOT ALL SIGNATURES ON THESE DOCUMENTS ARE MADE BY ROBO-SIGNERS.
25. The documents are created by "foreclosure mill" law firms which include: Steven Baum, David Stern, The Shapiro Network, just to name a few. IT IS A RULE THAT MOST IF NOT ALL COMPLAINTS FILED BY LAW OFFICES ARE IN FACT WORKING AS "FORECLOSURE MILLS".