Cellphones: foreclosure law

14 Responses to “The Foreclosure Zoo”

Basilisc Says:

November 5th, 2010 at 6:32 am

How about this: if a partner (or associate) at a law firm is found to have represented a plaintiff in a foreclosure case in which a fraudulent affidavit has been filed (about the service, or any other aspect), then EVERY PARTNER in that firm is disbarred from practicing in the state. Regardless of who’s at fault.

I’m not a lawyer, but I think that should end the problem.

Winston Says:

November 5th, 2010 at 6:42 am

Would not this practice render the case null-and-void? Or could the plaintiff re-file for foreclosure?

Petey Wheatstraw Says:

November 5th, 2010 at 7:38 am

In light of all of the evidence of the industrial nature and mind boggling level of criminality in the foreclosure/securitization processes, along with little or no action by those charged with upholding the laws pertaining to such criminality (but apparently having plenty of time and resources to go after less serious crimes committed by individuals outside this industry), it would seem that selective enforcement of our laws is a matter of official policy.

There are many ways to skin this cat, but TPTB do not want the cat skinned. The contract between the people and the government has no requirement for specific performance, and, lacking that, there is no way to compel the authorities to uphold the law.

The People should acknowledge the fact that criminality in high places is systemic, and without a coordinated effort to force the issue, these violations of the law and the processes for bringing those responsible to justice, justice will not be served — regardless of how easy and beneficial doing so would be.

We are just becoming aware that we must fight back. Unfortunately we come to this realization as we pick ourselves up off the ground after having been knocked unconscious and robbed. We are trying to defend ourselves after the fact.

Petey Wheatstraw Says:

November 5th, 2010 at 7:48 am

Basilisc:

Only the Bar Associations (the corporation(s) that has (have) captured the Judiciary branch of our government) can disbar an attorney. If you think that might happen on a scale that would have a measurable effect on attorneys engaging in these violations of law and/or procedural rules of the courts, you might not understand the true level or nature of the corruption in and of our system.

Julia Chestnut Says:

November 5th, 2010 at 9:18 am

Guys, what it does is deprive the court of jurisdiction over the defendant. If they were never properly served, the whole case is thrown out and starts over again. Sometimes, if there was no prejudice to the defendant (I’m having a hard time figuring out how there would be no prejudice here, because lots of timelines are involved that trigger off of every move in a default and foreclosure), sometimes the case can proceed. Often if the defendant has actual knowledge of the suit, even if they weren’t properly served, the court will take that into account.

I am interested to see how Florida law treats the question of the holder in due course: this might be one of the few things that would wrest a house back from a buyer who purchased it at the courthouse steps. If the court never acquired jurisdiction of the defendant, the order permitting sale was improper. The bank in effect stole the house, and sold it. Normally, a holder in due course of collateral has huge rights. This just might be a fly in the ointment of how these things normally work. My bet is that the case law dates from the depression era, back before the rise of the vampires. This could get very interesting.

But there are two things that make courts really, really pissy: one is being openly lied to under oath – perjury – and that is what filing a patently false affidavit is. The second is having their jurisdiction invoked improperly and having things drag on or have to get redone because of it. Well there is a third that is probably not involved here, and that is being reversed. Believe me, if anything will stir an honest, but lazy or indifferent, judge to action, it is having the court played for a fool. This could be very, very interesting to watch.

As to the comments about the physical appearance of the defendant, I can’t believe the servers were too lazy to get up on facebook and find out what the defendant looks like. Sheesh.

beaufou Says:

November 5th, 2010 at 9:31 am

What Petey said.

TakBak04 Says:

November 5th, 2010 at 9:53 am

50-State Foreclosure Probe Loses Several Influential Voices after Midterm Elections/ HT Rob

Iowa Attorney General Thomas Miller, the point man on the 50-state investigation into the foreclosure mess, won reelection this week. But a number of the other 13 attorneys generals on the inquiry’s executive committee will leave in the coming months.

In Ohio, Attorney General Richard Cordray — a Democrat who was the first to sue a major lender over the foreclosure problems — lost to Republican Mike DeWine. “A campaign website for Mr. DeWine lists job creation and opposing the health-care plan as his top priorities and makes no obvious mention of the foreclosure scandal, the multistate investigation or Mr. Cordray’s lawsuit against GMAC,” noted the Wall Street Journal. On Wednesday, DeWine declined to comment on the foreclosure issue, saying that the office will “evaluate each piece of existing litigation.”

Another key official with experience dealing with mortgage companies — Arizona Attorney General Terry Goddard (D) — lost the race for governor. Goddard took the lead in negotiating a settlement, announced in October, with Wells Fargo. The lender, which was facing allegations of deceptive marketing, agreed to spend an estimated $772 million modifying loans for borrowers across the country.

Republican Tom Horne beat Democrat Felecia Rotellini to win Goddard’s former job late Wednesday, ending the Democrats’ 12-year-hold on the office.

Florida’s Bill McCollum, also influential in the investigation, will be leaving at the end of this year, having lost in the GOP’s gubernatorial primary. McCollum has been spearheading a probe into four “foreclosure mill” law firms. Republican Pam Bondi, a former state prosecutor, will take over as the new AG.

http://voices.washingtonpost.com/political-economy/2010...

The loss of Ohio’s AG Cordray is a big hit to stopping fraud by banksters. Florida’s McCollum is devastating also.

Mannwich Says:

November 5th, 2010 at 9:59 am

But this was all just a big mistake, BR. In fact, the whole crisis was. Now it’s over, so let’s move on, but get those deadbeats out of their homes first.

Lugnut Says:

November 5th, 2010 at 10:05 am

“My personal favorite are the people served in Florida whose passports prove they were in Europe at the time. ”

Also amusing from the standpoint that folks being served a foreclosure notice can afford a trip to Europe. Irony abounds.

Petey Wheatstraw Says:

November 5th, 2010 at 10:17 am

Years ago. a friend who had recently been admitted to the Bar would occasionally ask me to act as a process server for him (he would accompany me, but stay in the car, down the street. He didn’t like confrontation, and thought it unlikely that the person being served would get cocky with me). In Virginia, if I remember correctly, here’s what was required for proper service:

1. Knock on the door — repeatedly and loudly (as a cop would) — giving a reasonable amount of time for the knock to be answered.

2. If the knock was answered, I was to ask: Are you James Doe? If the answer was yes, I’d serve the docs. If the answer was no, I was to ask, “do you live here, and are you over 18 years old?” If the answer was yes, I was to hand that person the docs, and ask that they be given to the person being served. if the answer was no, or if no one had answered the door, i was to tape the docs to the door (on all four sides, and with removable tape).

3. I would then sign and date the affidavit of service.

That’s how it’s done in VA.

Petey Wheatstraw Says:

November 5th, 2010 at 10:20 am

Jeez. I should really start proofing my comments before hitting the submit button.

Marc P Says:

November 5th, 2010 at 3:23 pm

@Julia Chestnut:

This is a great point. I clerked for a trial court judge. I tell people the judges are like sleeping bears. Under the weight of their crushing workloads, often they appear to be distracted, board, asleep, or all three. But generally, judges are quite bright and have been put on the bench for good reasons. Once awakened from slumber, watch out.

Judges have to rely on the attorneys to provide accurate information. Judges are well aware that attorneys represent their clients and are not likely to present evidence that is not in their client’s best interest. That is why the system is designed to have both parties represented. Law is the only profession where there is a highly paid professional whose sole job is to point out all your lapses.

In many states the foreclosure process is designed to have minimal court intervention. The lenders are expected to follow a rigid set of rules regarding notice and timelines but often judges never have to get involved. The statutes are set up so that the borrower can object at any time and bring the matter in front of the judge for correction. However, judges are well aware that lenders have money and borrowers do not. Due to this, the judges are more reliant than usual on the veracity and completeness of the information provided by the lender’s attorney. A lender’s attorney who abuses that trust is asking for trouble.

My suggestion is to get some popcorn, crack open a beer, and sit back. This is going to be a good show.

Marc P Says:

November 5th, 2010 at 3:25 pm

Judges are board? Duh. Bored. Sorry.

Florida’s “Too Big for Fraud” Court System | The Big Picture Says:

November 11th, 2010 at 7:21 am

The Foreclosure Zoo (November 5th,

You must be logged in to post a comment.

Citi Says It’s ‘Fairly Confident’ It Didn’t Use Robo-Signers, One Week After Breaking With Robo-Signing Law Firm

Last week, mega-bank Wells Fargo refused to implement a foreclosure moratorium like those put in place by Bank of America, JP Morgan Chase, and GMAC Mortgage, stating that no such step was necessary because its foreclosure process was sound and not plagued by some of the “robo-signer” issues that other banks have found. This, as it turned out, wasn’t true; a desposition uncovered by the Financial Times showed that Wells had, in fact, relied on a robo-signer to process foreclosures.

Mortgage giant Citigroup has also, thus far, been adamantly opposed to putting a foreclosure moratorium in place. This morning, on a conference call, the bank reiterated its opposition to a foreclosure freeze, saying that it’s “fairly confident” that it didn’t engage in fraudulent foreclosure practices:

Citigroup sought to allay investors’ fears over the US mortgage crisis, saying it had not uncovered any irregularities in its foreclosure process and downplaying the potential cost of buying back home loans from government entities…“We have not found evidence of robo-signing as we have gone through our review,” John Gerspach, Citi’s finance chief, said. “We are fairly confident we have not relied on robo-signers.”

“Fairly confident” doesn’t sound all that confident to me. And it’s even less convincing considering that last week, the Palm Beach Post reported that Citigroup was using a law firm — run by “foreclosure king” David Stern — that processed foreclosures using robo-signers:

Attorney Tom Ice of Royal Palm Beach-based Ice Legal said the problem is that law firm employees were doing the work, not Citi employees. “In truth, CitiMortgage not only engaged in the same practice of using a robo-signer for its cases, they used a robo-signer who is actually an employee of the foreclosure mill attorneys representing them,” said Ice, who deposed Stern operations manager Cheryl Samons last year. Samons signed as “attorney-in-fact” for CitiMortgage in some foreclosure documents.

As the Associated Press reported, a former paralegal in Stern’s office told the Florida attorney general about “a boiler-room atmosphere in which employees were pressured to forge signatures, backdate documents, swap Social Security numbers, inflate billings and pass around notary stamps as if they were salt.” Citi was so spooked by the allegations that, as of last week, it is no longer sending business to Stern’s office.

At this point, it’s really hard to tell how widespread fradulent foreclosures are (though there definitely are some), which is why it makes sense for the banks to freeze actions until the extent of the problem is known. In addition to the issues facing people who were improperly foreclosed upon, as David Dayen put it, “you just feed homebuyers into a wood chipper if you let them buy a foreclosed home in a market with such confusion.” Emptywheel has more on Stern’s antics here.

bench craft company

14 Responses to “The Foreclosure Zoo”

Basilisc Says:

November 5th, 2010 at 6:32 am

How about this: if a partner (or associate) at a law firm is found to have represented a plaintiff in a foreclosure case in which a fraudulent affidavit has been filed (about the service, or any other aspect), then EVERY PARTNER in that firm is disbarred from practicing in the state. Regardless of who’s at fault.

I’m not a lawyer, but I think that should end the problem.

Winston Says:

November 5th, 2010 at 6:42 am

Would not this practice render the case null-and-void? Or could the plaintiff re-file for foreclosure?

Petey Wheatstraw Says:

November 5th, 2010 at 7:38 am

In light of all of the evidence of the industrial nature and mind boggling level of criminality in the foreclosure/securitization processes, along with little or no action by those charged with upholding the laws pertaining to such criminality (but apparently having plenty of time and resources to go after less serious crimes committed by individuals outside this industry), it would seem that selective enforcement of our laws is a matter of official policy.

There are many ways to skin this cat, but TPTB do not want the cat skinned. The contract between the people and the government has no requirement for specific performance, and, lacking that, there is no way to compel the authorities to uphold the law.

The People should acknowledge the fact that criminality in high places is systemic, and without a coordinated effort to force the issue, these violations of the law and the processes for bringing those responsible to justice, justice will not be served — regardless of how easy and beneficial doing so would be.

We are just becoming aware that we must fight back. Unfortunately we come to this realization as we pick ourselves up off the ground after having been knocked unconscious and robbed. We are trying to defend ourselves after the fact.

Petey Wheatstraw Says:

November 5th, 2010 at 7:48 am

Basilisc:

Only the Bar Associations (the corporation(s) that has (have) captured the Judiciary branch of our government) can disbar an attorney. If you think that might happen on a scale that would have a measurable effect on attorneys engaging in these violations of law and/or procedural rules of the courts, you might not understand the true level or nature of the corruption in and of our system.

Julia Chestnut Says:

November 5th, 2010 at 9:18 am

Guys, what it does is deprive the court of jurisdiction over the defendant. If they were never properly served, the whole case is thrown out and starts over again. Sometimes, if there was no prejudice to the defendant (I’m having a hard time figuring out how there would be no prejudice here, because lots of timelines are involved that trigger off of every move in a default and foreclosure), sometimes the case can proceed. Often if the defendant has actual knowledge of the suit, even if they weren’t properly served, the court will take that into account.

I am interested to see how Florida law treats the question of the holder in due course: this might be one of the few things that would wrest a house back from a buyer who purchased it at the courthouse steps. If the court never acquired jurisdiction of the defendant, the order permitting sale was improper. The bank in effect stole the house, and sold it. Normally, a holder in due course of collateral has huge rights. This just might be a fly in the ointment of how these things normally work. My bet is that the case law dates from the depression era, back before the rise of the vampires. This could get very interesting.

But there are two things that make courts really, really pissy: one is being openly lied to under oath – perjury – and that is what filing a patently false affidavit is. The second is having their jurisdiction invoked improperly and having things drag on or have to get redone because of it. Well there is a third that is probably not involved here, and that is being reversed. Believe me, if anything will stir an honest, but lazy or indifferent, judge to action, it is having the court played for a fool. This could be very, very interesting to watch.

As to the comments about the physical appearance of the defendant, I can’t believe the servers were too lazy to get up on facebook and find out what the defendant looks like. Sheesh.

beaufou Says:

November 5th, 2010 at 9:31 am

What Petey said.

TakBak04 Says:

November 5th, 2010 at 9:53 am

50-State Foreclosure Probe Loses Several Influential Voices after Midterm Elections/ HT Rob

Iowa Attorney General Thomas Miller, the point man on the 50-state investigation into the foreclosure mess, won reelection this week. But a number of the other 13 attorneys generals on the inquiry’s executive committee will leave in the coming months.

In Ohio, Attorney General Richard Cordray — a Democrat who was the first to sue a major lender over the foreclosure problems — lost to Republican Mike DeWine. “A campaign website for Mr. DeWine lists job creation and opposing the health-care plan as his top priorities and makes no obvious mention of the foreclosure scandal, the multistate investigation or Mr. Cordray’s lawsuit against GMAC,” noted the Wall Street Journal. On Wednesday, DeWine declined to comment on the foreclosure issue, saying that the office will “evaluate each piece of existing litigation.”

Another key official with experience dealing with mortgage companies — Arizona Attorney General Terry Goddard (D) — lost the race for governor. Goddard took the lead in negotiating a settlement, announced in October, with Wells Fargo. The lender, which was facing allegations of deceptive marketing, agreed to spend an estimated $772 million modifying loans for borrowers across the country.

Republican Tom Horne beat Democrat Felecia Rotellini to win Goddard’s former job late Wednesday, ending the Democrats’ 12-year-hold on the office.

Florida’s Bill McCollum, also influential in the investigation, will be leaving at the end of this year, having lost in the GOP’s gubernatorial primary. McCollum has been spearheading a probe into four “foreclosure mill” law firms. Republican Pam Bondi, a former state prosecutor, will take over as the new AG.

http://voices.washingtonpost.com/political-economy/2010...

The loss of Ohio’s AG Cordray is a big hit to stopping fraud by banksters. Florida’s McCollum is devastating also.

Mannwich Says:

November 5th, 2010 at 9:59 am

But this was all just a big mistake, BR. In fact, the whole crisis was. Now it’s over, so let’s move on, but get those deadbeats out of their homes first.

Lugnut Says:

November 5th, 2010 at 10:05 am

“My personal favorite are the people served in Florida whose passports prove they were in Europe at the time. ”

Also amusing from the standpoint that folks being served a foreclosure notice can afford a trip to Europe. Irony abounds.

Petey Wheatstraw Says:

November 5th, 2010 at 10:17 am

Years ago. a friend who had recently been admitted to the Bar would occasionally ask me to act as a process server for him (he would accompany me, but stay in the car, down the street. He didn’t like confrontation, and thought it unlikely that the person being served would get cocky with me). In Virginia, if I remember correctly, here’s what was required for proper service:

1. Knock on the door — repeatedly and loudly (as a cop would) — giving a reasonable amount of time for the knock to be answered.

2. If the knock was answered, I was to ask: Are you James Doe? If the answer was yes, I’d serve the docs. If the answer was no, I was to ask, “do you live here, and are you over 18 years old?” If the answer was yes, I was to hand that person the docs, and ask that they be given to the person being served. if the answer was no, or if no one had answered the door, i was to tape the docs to the door (on all four sides, and with removable tape).

3. I would then sign and date the affidavit of service.

That’s how it’s done in VA.

Petey Wheatstraw Says:

November 5th, 2010 at 10:20 am

Jeez. I should really start proofing my comments before hitting the submit button.

Marc P Says:

November 5th, 2010 at 3:23 pm

@Julia Chestnut:

This is a great point. I clerked for a trial court judge. I tell people the judges are like sleeping bears. Under the weight of their crushing workloads, often they appear to be distracted, board, asleep, or all three. But generally, judges are quite bright and have been put on the bench for good reasons. Once awakened from slumber, watch out.

Judges have to rely on the attorneys to provide accurate information. Judges are well aware that attorneys represent their clients and are not likely to present evidence that is not in their client’s best interest. That is why the system is designed to have both parties represented. Law is the only profession where there is a highly paid professional whose sole job is to point out all your lapses.

In many states the foreclosure process is designed to have minimal court intervention. The lenders are expected to follow a rigid set of rules regarding notice and timelines but often judges never have to get involved. The statutes are set up so that the borrower can object at any time and bring the matter in front of the judge for correction. However, judges are well aware that lenders have money and borrowers do not. Due to this, the judges are more reliant than usual on the veracity and completeness of the information provided by the lender’s attorney. A lender’s attorney who abuses that trust is asking for trouble.

My suggestion is to get some popcorn, crack open a beer, and sit back. This is going to be a good show.

Marc P Says:

November 5th, 2010 at 3:25 pm

Judges are board? Duh. Bored. Sorry.

Florida’s “Too Big for Fraud” Court System | The Big Picture Says:

November 11th, 2010 at 7:21 am

The Foreclosure Zoo (November 5th,

You must be logged in to post a comment.

Citi Says It’s ‘Fairly Confident’ It Didn’t Use Robo-Signers, One Week After Breaking With Robo-Signing Law Firm

Citigroup sought to allay investors’ fears over the US mortgage crisis, saying it had not uncovered any irregularities in its foreclosure process and downplaying the potential cost of buying back home loans from government entities…“We have not found evidence of robo-signing as we have gone through our review,” John Gerspach, Citi’s finance chief, said. “We are fairly confident we have not relied on robo-signers.”

Attorney Tom Ice of Royal Palm Beach-based Ice Legal said the problem is that law firm employees were doing the work, not Citi employees. “In truth, CitiMortgage not only engaged in the same practice of using a robo-signer for its cases, they used a robo-signer who is actually an employee of the foreclosure mill attorneys representing them,” said Ice, who deposed Stern operations manager Cheryl Samons last year. Samons signed as “attorney-in-fact” for CitiMortgage in some foreclosure documents.

bench craft company>

14 Responses to “The Foreclosure Zoo”

Basilisc Says:

November 5th, 2010 at 6:32 am

How about this: if a partner (or associate) at a law firm is found to have represented a plaintiff in a foreclosure case in which a fraudulent affidavit has been filed (about the service, or any other aspect), then EVERY PARTNER in that firm is disbarred from practicing in the state. Regardless of who’s at fault.

I’m not a lawyer, but I think that should end the problem.

Winston Says:

November 5th, 2010 at 6:42 am

Would not this practice render the case null-and-void? Or could the plaintiff re-file for foreclosure?

Petey Wheatstraw Says:

November 5th, 2010 at 7:38 am

In light of all of the evidence of the industrial nature and mind boggling level of criminality in the foreclosure/securitization processes, along with little or no action by those charged with upholding the laws pertaining to such criminality (but apparently having plenty of time and resources to go after less serious crimes committed by individuals outside this industry), it would seem that selective enforcement of our laws is a matter of official policy.

There are many ways to skin this cat, but TPTB do not want the cat skinned. The contract between the people and the government has no requirement for specific performance, and, lacking that, there is no way to compel the authorities to uphold the law.

The People should acknowledge the fact that criminality in high places is systemic, and without a coordinated effort to force the issue, these violations of the law and the processes for bringing those responsible to justice, justice will not be served — regardless of how easy and beneficial doing so would be.

We are just becoming aware that we must fight back. Unfortunately we come to this realization as we pick ourselves up off the ground after having been knocked unconscious and robbed. We are trying to defend ourselves after the fact.

Petey Wheatstraw Says:

November 5th, 2010 at 7:48 am

Basilisc:

Only the Bar Associations (the corporation(s) that has (have) captured the Judiciary branch of our government) can disbar an attorney. If you think that might happen on a scale that would have a measurable effect on attorneys engaging in these violations of law and/or procedural rules of the courts, you might not understand the true level or nature of the corruption in and of our system.

Julia Chestnut Says:

November 5th, 2010 at 9:18 am

Guys, what it does is deprive the court of jurisdiction over the defendant. If they were never properly served, the whole case is thrown out and starts over again. Sometimes, if there was no prejudice to the defendant (I’m having a hard time figuring out how there would be no prejudice here, because lots of timelines are involved that trigger off of every move in a default and foreclosure), sometimes the case can proceed. Often if the defendant has actual knowledge of the suit, even if they weren’t properly served, the court will take that into account.

I am interested to see how Florida law treats the question of the holder in due course: this might be one of the few things that would wrest a house back from a buyer who purchased it at the courthouse steps. If the court never acquired jurisdiction of the defendant, the order permitting sale was improper. The bank in effect stole the house, and sold it. Normally, a holder in due course of collateral has huge rights. This just might be a fly in the ointment of how these things normally work. My bet is that the case law dates from the depression era, back before the rise of the vampires. This could get very interesting.

But there are two things that make courts really, really pissy: one is being openly lied to under oath – perjury – and that is what filing a patently false affidavit is. The second is having their jurisdiction invoked improperly and having things drag on or have to get redone because of it. Well there is a third that is probably not involved here, and that is being reversed. Believe me, if anything will stir an honest, but lazy or indifferent, judge to action, it is having the court played for a fool. This could be very, very interesting to watch.

As to the comments about the physical appearance of the defendant, I can’t believe the servers were too lazy to get up on facebook and find out what the defendant looks like. Sheesh.

beaufou Says:

November 5th, 2010 at 9:31 am

What Petey said.

TakBak04 Says:

November 5th, 2010 at 9:53 am

50-State Foreclosure Probe Loses Several Influential Voices after Midterm Elections/ HT Rob

Iowa Attorney General Thomas Miller, the point man on the 50-state investigation into the foreclosure mess, won reelection this week. But a number of the other 13 attorneys generals on the inquiry’s executive committee will leave in the coming months.

In Ohio, Attorney General Richard Cordray — a Democrat who was the first to sue a major lender over the foreclosure problems — lost to Republican Mike DeWine. “A campaign website for Mr. DeWine lists job creation and opposing the health-care plan as his top priorities and makes no obvious mention of the foreclosure scandal, the multistate investigation or Mr. Cordray’s lawsuit against GMAC,” noted the Wall Street Journal. On Wednesday, DeWine declined to comment on the foreclosure issue, saying that the office will “evaluate each piece of existing litigation.”

Another key official with experience dealing with mortgage companies — Arizona Attorney General Terry Goddard (D) — lost the race for governor. Goddard took the lead in negotiating a settlement, announced in October, with Wells Fargo. The lender, which was facing allegations of deceptive marketing, agreed to spend an estimated $772 million modifying loans for borrowers across the country.

Republican Tom Horne beat Democrat Felecia Rotellini to win Goddard’s former job late Wednesday, ending the Democrats’ 12-year-hold on the office.

Florida’s Bill McCollum, also influential in the investigation, will be leaving at the end of this year, having lost in the GOP’s gubernatorial primary. McCollum has been spearheading a probe into four “foreclosure mill” law firms. Republican Pam Bondi, a former state prosecutor, will take over as the new AG.

http://voices.washingtonpost.com/political-economy/2010...

The loss of Ohio’s AG Cordray is a big hit to stopping fraud by banksters. Florida’s McCollum is devastating also.

Mannwich Says:

November 5th, 2010 at 9:59 am

But this was all just a big mistake, BR. In fact, the whole crisis was. Now it’s over, so let’s move on, but get those deadbeats out of their homes first.

Lugnut Says:

November 5th, 2010 at 10:05 am

“My personal favorite are the people served in Florida whose passports prove they were in Europe at the time. ”

Also amusing from the standpoint that folks being served a foreclosure notice can afford a trip to Europe. Irony abounds.

Petey Wheatstraw Says:

November 5th, 2010 at 10:17 am

Years ago. a friend who had recently been admitted to the Bar would occasionally ask me to act as a process server for him (he would accompany me, but stay in the car, down the street. He didn’t like confrontation, and thought it unlikely that the person being served would get cocky with me). In Virginia, if I remember correctly, here’s what was required for proper service:

1. Knock on the door — repeatedly and loudly (as a cop would) — giving a reasonable amount of time for the knock to be answered.

2. If the knock was answered, I was to ask: Are you James Doe? If the answer was yes, I’d serve the docs. If the answer was no, I was to ask, “do you live here, and are you over 18 years old?” If the answer was yes, I was to hand that person the docs, and ask that they be given to the person being served. if the answer was no, or if no one had answered the door, i was to tape the docs to the door (on all four sides, and with removable tape).

3. I would then sign and date the affidavit of service.

That’s how it’s done in VA.

Petey Wheatstraw Says:

November 5th, 2010 at 10:20 am

Jeez. I should really start proofing my comments before hitting the submit button.

Marc P Says:

November 5th, 2010 at 3:23 pm

@Julia Chestnut:

This is a great point. I clerked for a trial court judge. I tell people the judges are like sleeping bears. Under the weight of their crushing workloads, often they appear to be distracted, board, asleep, or all three. But generally, judges are quite bright and have been put on the bench for good reasons. Once awakened from slumber, watch out.

Judges have to rely on the attorneys to provide accurate information. Judges are well aware that attorneys represent their clients and are not likely to present evidence that is not in their client’s best interest. That is why the system is designed to have both parties represented. Law is the only profession where there is a highly paid professional whose sole job is to point out all your lapses.

In many states the foreclosure process is designed to have minimal court intervention. The lenders are expected to follow a rigid set of rules regarding notice and timelines but often judges never have to get involved. The statutes are set up so that the borrower can object at any time and bring the matter in front of the judge for correction. However, judges are well aware that lenders have money and borrowers do not. Due to this, the judges are more reliant than usual on the veracity and completeness of the information provided by the lender’s attorney. A lender’s attorney who abuses that trust is asking for trouble.

My suggestion is to get some popcorn, crack open a beer, and sit back. This is going to be a good show.

Marc P Says:

November 5th, 2010 at 3:25 pm

Judges are board? Duh. Bored. Sorry.

Florida’s “Too Big for Fraud” Court System | The Big Picture Says:

November 11th, 2010 at 7:21 am

The Foreclosure Zoo (November 5th,

You must be logged in to post a comment.

Citi Says It’s ‘Fairly Confident’ It Didn’t Use Robo-Signers, One Week After Breaking With Robo-Signing Law Firm

Citigroup sought to allay investors’ fears over the US mortgage crisis, saying it had not uncovered any irregularities in its foreclosure process and downplaying the potential cost of buying back home loans from government entities…“We have not found evidence of robo-signing as we have gone through our review,” John Gerspach, Citi’s finance chief, said. “We are fairly confident we have not relied on robo-signers.”

Attorney Tom Ice of Royal Palm Beach-based Ice Legal said the problem is that law firm employees were doing the work, not Citi employees. “In truth, CitiMortgage not only engaged in the same practice of using a robo-signer for its cases, they used a robo-signer who is actually an employee of the foreclosure mill attorneys representing them,” said Ice, who deposed Stern operations manager Cheryl Samons last year. Samons signed as “attorney-in-fact” for CitiMortgage in some foreclosure documents.

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Thursday, November 18, 2010

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14 Responses to “The Foreclosure Zoo”

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Citi Says It’s ‘Fairly Confident’ It Didn’t Use Robo-Signers, One Week After Breaking With Robo-Signing Law Firm

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14 Responses to “The Foreclosure Zoo”

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Citi Says It’s ‘Fairly Confident’ It Didn’t Use Robo-Signers, One Week After Breaking With Robo-Signing Law Firm

<b>News</b> Corp's Two Newspaper Tablet Projects are Back on Track

Brad Friedman and Desi Doyen: Green <b>News</b> Report: November 18, 2010 <b>...</b>

Sen. Rockefeller: FCC should shut down Fox <b>News</b> and MSNBC « Hot Air

<b>News</b> Corp's Two Newspaper Tablet Projects are Back on Track

Brad Friedman and Desi Doyen: Green <b>News</b> Report: November 18, 2010 <b>...</b>

Sen. Rockefeller: FCC should shut down Fox <b>News</b> and MSNBC « Hot Air

14 Responses to “The Foreclosure Zoo”

Leave a Reply

Citi Says It’s ‘Fairly Confident’ It Didn’t Use Robo-Signers, One Week After Breaking With Robo-Signing Law Firm

<b>News</b> Corp's Two Newspaper Tablet Projects are Back on Track

Brad Friedman and Desi Doyen: Green <b>News</b> Report: November 18, 2010 <b>...</b>

Sen. Rockefeller: FCC should shut down Fox <b>News</b> and MSNBC « Hot Air

<b>News</b> Corp's Two Newspaper Tablet Projects are Back on Track

Brad Friedman and Desi Doyen: Green <b>News</b> Report: November 18, 2010 <b>...</b>

Sen. Rockefeller: FCC should shut down Fox <b>News</b> and MSNBC « Hot Air

<b>News</b> Corp's Two Newspaper Tablet Projects are Back on Track

Brad Friedman and Desi Doyen: Green <b>News</b> Report: November 18, 2010 <b>...</b>

Sen. Rockefeller: FCC should shut down Fox <b>News</b> and MSNBC « Hot Air

<b>News</b> Corp's Two Newspaper Tablet Projects are Back on Track

Brad Friedman and Desi Doyen: Green <b>News</b> Report: November 18, 2010 <b>...</b>

Sen. Rockefeller: FCC should shut down Fox <b>News</b> and MSNBC « Hot Air

<b>News</b> Corp's Two Newspaper Tablet Projects are Back on Track

Brad Friedman and Desi Doyen: Green <b>News</b> Report: November 18, 2010 <b>...</b>

Sen. Rockefeller: FCC should shut down Fox <b>News</b> and MSNBC « Hot Air

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