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Some things to think about in examining documents found in the foreclosure process and attacking structured predatory financing (securitized loan system) created by the so called lenders.
ARE THERE THINGS YOU CAN CHALLENGE TO HELP THWART FORECLOSURE AND GET AN INJUNCTION TO STOP THE SCHEDULED FORECLOSURE SALE?
This blog examines the topic of robo-signed documents, false documents, forgery, and false signatures in the foreclosure process and how you may be able to find grounds to challenge the nonsense the lenders and loan servicers are pulling in civil courts, including unlawful detainer, forcible entry and detainer (FED), state and federal civil courts and bankruptcy court. YES, THIS MAY COMES AS A SHOCK TO MANY OF YOU, BUT THE LENDERS AND LOAN SERVICERS ARE LYING TO THEMSELVES, THE COURTS, THE COUNTY RECORDER AND THE BORROWER. Why? Because 99 out of 100 times no one is going to “call them out,” sometimes because they cannot AFFORD to call them out by hiring a foreclosure or bankruptcy lawyer.
Typical documents we are talking about here (“foreclosure related documents”) is the Notice of Default, Notice of Sale, MERS Assignment of Deed of Trust, and Substitution of Attorney. In addition, signatures used in foreclosure affidavits, and declarations (ex. on a motion for relief from automatic stay or declaration of mailing substitution of trustee, etc.). The issue is, if these critical foreclosure documents are the product of fraud/forgery, and tainted with false signatures, then they should this not be open to legal challenge to that documents, and all the “fruits of the poisonous tree” that follow the sending or recording of that document (ex. the Notice of Sale that follows the Notice of Default or the sale that follows the Substitution of Trustee).
KEY POINTS IN REGARD TO IDENTIFYING FALSE AND FRAUDULENT SIGNATURES:
· Handwriting is a learned process.
· You learn how to write long after you learn how to walk and talk. It is a skill developed over time.
· People may experiment with different writing styles, but eventually they settle in with their own writing style.
· In addition, a person’s signatures will not be exactly the same each time, and slight variations are typical. There is an acceptable “range of variation” but at some point these signatures vary so much as to not be credibly attributed to the same person. In other words there should be no significant unexplainable differences.
· Robosigners (people signing documents on behalf of others) invoke various “methods of disguise” in regard to falsifying mortgage documents, but often they cannot or do not use multiple methods of disguise in signing someone’s name.
· Additionally, some of these robo-signers were/are signing hundreds, or even thousands of documents in a single day. It is tough to keep up the methods of disguise, especially when speed is usually incentivized in the foreclosure process.
· The subject of notary fraud also comes into play when examining foreclosure documents. YES, NOTARIES ARE ALLOWING THEIR NOTARY STAMPS TO BE USED AND ARE NOT KEEPING, OR ARE NOT ABLE TO PRODUCE THE NOTARY TRANSACTION LOG. AGAIN, THIS MAY BE HARD TO BELIEVE, BUT THIS IS WHAT WE ARE SEEING. WE DEMAND NOTARY TRANSACTION LOGS TO CERIFY SIGNATURES AND THE NOTARY WILL “LAWYER UP” AND REFUSE TO PRODUCE LOGS, OR FLAT OUT INFORM US THAT THEY LOST THEIR LOG, OR THEY “WERE MISTAKEN THAT THE THOUGHT THEY DID NOT HAVE TO KEEP A NOTARY LOG WHEN THEY NOTARIZE FOR FREE.” WHAT A JOKE. IT IS TIME TO HOLD THESE NOTARY FRAUDSTERS (AND THEIR PRINCIPLE) ACCOUNTABLE.
· As Neil Garfield’s website teaches, the securitized loan system, and the foreclosure mills set up to foreclose on the shoddy loans that were originated, and some of the resulting documents, signatures, affidavits, declarations etc. is perpetrating a LIVING LIE (not to mention these securitized loan trusts are not capable – at least according to conventional wisdom and practical experience - to show a complete and unbroken chain of assignment of the promissory note from the originator of the loan up to the securitized trustee that alleges to hold the loan in the form of a mortgage backed security.
· COMPUTER SOFTWARE PROGRAMS (EX. PHOTOSHOP) CAN CREATE FALSE DOCUMENTS (NON-ORIGINALS), BY CUTTING AND PASTING CRITICAL ELEMENTS SUCH AS SIGNATURES AND NOTARY STAMPS FROM ONE DOCUMENT ONTO ANOTHER. Such a document “looks real, but is not real.” These major financial institutions and their cronies will do just about anything to foreclose on you as fast as possible, and anything to win their case. Yes, documents can be manufactured and dates can be changed. We already know they do “back-dating” of documents giving “effective dates” that are literally pulled out of thin air to meet their needs and to try to evidence compliance with certain foreclosure dates (i.e. to show the Assignment of Deed of Trust was effective prior to the recording of the Notice of Default). Things like that.
· Uncovering evidence of false creation of documents, falsely manufactured signatures, notary fraud and other foreclosure irregularities can potentially help you in your case, including in Chapter 13 bankruptcy including adversary proceedings.
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MISCELLANEOUS POINTS ON FALSE AND FRAUDULENT DOCUMENTS/SIGNATURES:
Another point: How you try to describe these false and falsified documents to the Judges in a Court case can also make a difference. To say a document is “forged” may come across as a baseless legal conclusion. In California and Arizona, forgery is a crime, and requires signing documents in someone else’s name without any legal authority. It is not always clear whether or not a robosigner has legal authority to sign a document on behalf of another person, and thus not clear whether it is an act of fraud or not. So, we are mindful that Judges probably don’t like attorneys to use the word forgery. A better way to look at presenting this is by arguing “this signature was manufactured,” or “this signature is not what it purports to be.”
As Max Gardner of the “Bankruptcy Bootcamp” teaches: The industry is moving toward “laser generated signatures” (ex. note endorsements) so they can try to get around the need to have robosigners having their depositions being taken. They are always trying to get around problem spots so they can keep their foreclosure machine running at full speed. As mentioned above, speed is incentivized and rewarded in the foreclosure process, and loan servicers are actually rated on their efficiencies and speed. One question is whether the pooling and servicing agreement (for the securitized loan trust) permits electronically signed documents. One thing to consider.
DO YOU NEED A COMPREHENSIVE ANALYSIS OF YOUR LOAN DOCUMENTS, CHAIN OF TITLE AND A REVIEW OF YOUR POOLING AND SERVICING AGREEMENT THAT ALLEGES TO HOLD AND OWN YOUR LOAN? Steve Vondran is a Arizona and California Foreclosure and Bankruptcy Lawyer helping property owners (commercial and residential) in both states. He graduated the Max Gardner BANKRUPTCY BOOTCAMP, and has attended the Neil Garfield LIVING LIES seminar and the Max Gardner 3-day symposium on SECURITIZED LOANS in Las Vegas. If you need a “foreclosure game plan” including Chapter 13 adversary proceeding analysis, contact us at (877) 276-5084.
√ Review Chain of Title (Notary Fraud / Irregularities)
√ Review Loan Docs (TILA loan rescission / Fraud / Broker Liability)
√ Review Pooling and Servicing Agreement (if available)
√ Get a Foreclosure Game Plan (Loss Mitigation vs. Litigation v. Bankruptcy)
√ Are you a good candidate for Chapter 13 Adversary Proceeding
We are REAL ESTATE LAW FIRM and we are a debt relief agency and we help people file for bankruptcy protection under the bankruptcy code. The foregoing is not legal advice and is not to be a substitute for legal advice. In addition, the above blog is only the opinion of the author and any citations to law may not be complete, accurate, or up –to-date. © Copyright The Law Offices of Steven C. Vondran, P.C. (2011) All Rights Reserved.
Other Vondran Law Foreclosure and Bankruptcy Resources:
(1) UltimateBk.com
(2) ForeclosureDefenseResourceCenter.com Foreclosure Radio Show (“Foreclosure Meltdown Show”)
(3) ContingencyCase.com (Wachovia and World Savings Loans – Pick-a-Pay Negam Loans Only) we submit on a Contingency fee basis. NO UPFRONT or ADVANCE FEES.
(4) RescindMyLoan.net (Truth in Lending Loan Rescission – Must be refinance loan within the last three years).
(5) VondranLaw.com (Firm Website – Real Estate, Bankruptcy, Foreclosure Defense)
KEYWORDS: ROBOSIGNER FRAUD / FALSE DOCUMENTS IN THE FORECLOSURE PROCESS / FAKE FORECLOSURE DOCUMENTS / CAN I CHALLENGE MERS ASSIGNMENT OF DEED OF TRUST? / CALIFORNIA FORECLOSURE DEFENSE LAWYER / ARIZONA BANKRUPTCY LAWYER
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