Loan Modification

50 States to Investigate Foreclosure Robo-Signers

By Jill Michaux, Kansas Bankruptcy Attorney

Attorneys General and mortgage regulators from all 50 states are joining forces to investigate robo-signing of mortgage foreclosure documents and other defects in home mortgage foreclosures.

“We believe such a process may constitute a deceptive act and/or an unfair practice or otherwise violate state laws.”

Here is today’s statement by the National Association of Attorneys General:

It has recently come to light that a number of mortgage loan servicers have submitted affidavits or signed other documents in support of either a judicial or non-judicial foreclosure that appear to have procedural defects. In particular, it appears affidavits and other documents have been signed by persons who did not have personal knowledge of the facts asserted in the documents. In addition, it appears that many affidavits were signed outside of the presence of a notary public, contrary to state law. This process of signing documents without confirming their accuracy has come to be known as ?robo-signing.? We believe such a process may constitute a deceptive act and/or an unfair practice or otherwise violate state laws.

In order to handle this issue in the most efficient and consistent manner possible, the states have formed a bi-partisan multistate group to address issues common to a large number of states. The group is comprised of both state Attorneys General and the state bank and mortgage regulators. Currently 49 state Attorneys General have joined this coordinated multistate effort. State bank and mortgage regulators are participating both individually and through their Multistate Mortgage Committee, which represents mortgage regulators from all 50 states. Through this process, the states will attempt to speak with one voice to the greatest extent possible. At the end of this statement is a list of the participating states.

Our multistate group has begun inquiring whether or not individual mortgage servicers have improperly submitted affidavits or other documents in support of foreclosures in our states. The facts uncovered in our review will dictate the scope of our inquiry. The Executive Committee is comprised of the following Attorneys General Offices: Arizona, California, Colorado, Connecticut, Florida, Illinois, Iowa, New York, North Carolina, Ohio, Texas, and Washington; and the following state banking regulators: Maryland Office of the Commissioner of Financial Regulation, New York State Banking Department, and the Pennsylvania Department of Banking.

Related posts:

1. I Got A Foreclosure Notice–How Long Do I Have Before I Have To Leave My Home?
2. Federal Government Investigates The Mortgage Industry
3. Connecticut Files Suit Against Countrywide Mortgage

Full post as published by Mortgage Law Network on October 13, 2010 (boomark / email).