A recent NBC News report on the foreclosure mess in Florida revealed that banks are creating documents in order to have the proper paperwork to push through a foreclosure on Miami homeowners.
Sadly, this is no surprise to Miami Foreclosure Defense Attorneys. We have seen banks continue to create documents, pay companies to create documents and file falsified paperwork in foreclosure cases.
An experienced lawyer can help spot false documents and petition the court to hold banks accountable for their actions. If they don’t have the documents in place, they shouldn’t be able to take away a person’s home. And they certainly shouldn’t be able to create documents in order to move the process along.
Attorneys told NBC News that they see, on a regular basis, documents that have been created for the sole purpose of taking a person’s home away. The documents weren’t produced before the bank filed a foreclosure action against a homeowner.
Further, the attorneys see documents that are signed by a bank official, but have never been shown to the homeowner, even though there are lines for the homeowner’s signature. NBC News also discovered that there are companies that banks could hire to create the documents for an individual foreclosure action.
Some of the documents unveiled in the NBC investigation were papers that contradict who actually owns the mortgage, documents about companies that don’t even exist and notarized documents that were never signed by the homeowners.
Attorneys say the banks have a financial incentive to create these documents because without them, they can’t take away people’s homes. If they aren’t successful in foreclosing on a home then they can’t sell it at auction.
While banks wouldn’t comment to NBC News for this story, what they typically have said about these issues is that these documents are either mistakes or just created because they were supposed to be in the file in the first place.
While a person may fall behind on monthly mortgage payments, the banks still have the burden to show who owns the mortgage and what is owed.
That’s why an experienced Miami Foreclosure Defense Lawyer must be called on to hold the banks accountable and hold their feet to the fire as homeowners in Miami continue to fight back.
If you’re battling foreclosure in Miami or the surrounding areas, contact Jacobs Keeley for a confidential appointment to discuss your rights. Call (305) 358-7991.
More Blog Entries:
Banks Don’t Learn Their Lessons — Still Using Robo-Signed Documents in Miami Foreclosures: September 13, 2011
Nevada Lawsuit Nails Bank of America For All Aspects of Mortgage Operations, Seeks to Help Miami Homeowners: September 11, 2011