Having been caught at their own game, banks and their attorneys are now being forced to withdraw foreclosure documents in case after case. Stopping foreclosure in South Florida is a real possibility with the help of an experience Miami foreclosure defense attorney. In other cases, you may be able to negotiate away a deficiency judgment or even fight for a monetary settlement or the return of your property.
As we have reported on our Miami Foreclosure Lawyer Blog, investigations into the actions of banks and their law firms have uncovered numerous instances of wrongdoing, including false documentation, forged signatures, fake witnesses, fake notaries and false affidavits — Don’t take our word for it. These are the allegations of the Florida Attorney General’s Office.
With criminal investigations ongoing in all 50 states, banks and their law firms are now being forced to withdraw foreclosure documentation in case after case.
In many cases, banks and their attorneys are acknowledging assignment affidavits and other paperwork were not properly verified. They are simply taking a step back to regroup. But, as we have reported here, proper verification in many cases may not even be possible because of shoddy paperwork handling and corner cutting done during the boom years. In many cases, proof of a bank’s right to foreclose may not exist.
In other cases, the speed at which paperwork was completed has led to many errors, such as bogus dates being listed as 9/9/9999 or incorrect bank names. In one case cited by the Florida Attorney General the bank was listed as Home Savings of America, which ceased to exist in 1998.
In some cases, mortgages were assigned to banks despite the debt having been satisfied by the homeowner. In still another case, the amount of the mortgage is listed at $42 million. In still other cases, the mortgage owner is listed as a defunct institution, such as IndyMac, which was taken over by the FDIC and was closed in July 2008.
And in still other cases fake notary stamps were used or notary stamps were misused. Notary commissions are only good for 4 years in Florida, yet some stamps had expiration dates good for 6-8 years. And the point of a notary is to verify the authenticity of a document and the signing participants. Yet thousands of pre-signed documents were notarized by bank and law firm employees with no knowledge of their accuracy or authenticity, according to court testimony elicited by foreclosure defense attorneys.
If you are facing foreclosure, fight for your rights from a position of strength in 2011. Consult an experienced Miami real estate attorney today.