As we reported on our Miami Foreclosure Lawyer Blog, a bank's right to foreclose is tied to whether it has been assigned the mortgage. As banks and mortgage companies cut corners during the boom, the electronic assignment of mortgages relied less and less on the original paperwork, which was often lost or destroyed. The robosigning scandal involves the signing of tens of thousands of documents assuring the courts that a bank had the proper assignments. Those signing the documents often had no knowledge of whether that was really the case.
In short, the bank foreclosing on your home may be without proof of ownership and without the right to do so. Preventing foreclosure in Miami may be possible for those willing to fight for their rights. In Florida, thousands of foreclosures have come under fire, including those involving the Law Offices of David J. Stern, Law office of Marshall Watson, Shapiro & Fishman, JP Morgan Chase, Bank of America and GMAC.
Other tactics the banks and their law firms are accused of using include fake witnesses, fake notaries, fake documents and false affidavits. In fact, one woman, Linda Green, has dozens of different signatures that appear on hundreds of thousands of mortgage assignments. She is also listed as an officer of dozens of banks and mortgage companies.
And Scott Anderson. And Tywanna Thomas. And Jessica Ohde.
Several companies, including Lender Processing Services, GMAC and Nationwide Title Clearing in Tampa, produced thousands of assignments every day.
In still other cases, the paperwork was rushed through in such a hurry that it is riddled with errors, including bogus effective dates like 9/9/9999.
The end result is criminal investigations into bank conduct in all 50 states. And solid ground upon which a homeowner can stand while fighting for their rights. You may be able to stop a foreclosure, negate a deficiency judgment, or even argue for a monetary settlement or the return of your property.
If you need help with foreclosure issues in Miami or the surrounding areas, including short sales, deficiency judgments, strategic defaults or other help for Miami homeowners, contact Jacobs|Keeley for a confidential appointment to discuss your rights. Call (305) 358-7991.