Will Florida Finally Punish Banks and Lawyers for Foreclosure Document Fraud?

By ABIGAIL FIELD Posted 11:30 AM 02/08/11 in DailyFinance.com

Maybe, just maybe we are beginning to make some headway into justice.

Foreclosure proceedings in courts nationwide have exposed a swamp of fraudulent documents, and in some cases — though perhaps far too few — those bad docs have sunk attempts by banks to take people’s homes.

Some of Florida’s courts, however, — particularly courts in Lee County — have come under fire for compounding the documentation problems by ignoring the rule of law in order to rush through foreclosures. And a new rule put in place by the Florida Supreme Court to ensure that documents being used in foreclosures are properly certified hasn’t worked well, thanks to a new type of robo-signing that has sprung up to get around it.

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Comments

  • Cheryl  On February 28, 2011 at 11:51 AM

    This how my dilemma started. I had a bad subprime loan with Novastar. They sold my loan to Saxon 11/07.
    Saxon called me and said that they would offer me a loan modification since my rate was so high. They said I had to go late on three payments before they could help. I had NEVER been late on my mortgage but I did what they said and stopped paying. In June of 2008, they sent me a loan modification with JP Morgan Chase as the lender. I sent them a check and signed paperwork. JP Morgan Chase would not sign the loan mod. I refused to pay as they did not know who held the loan. They sent me a letter, October 2008, stating that Wachovia was the lender and they were going to foreclose. I called Wachovia, they said they never heard of me. I did not pay. In December , 2008, Bank of New York Mellon served Lis Pendens on me. Foreclosure sale was cancelled May, 2009 because neither my attorney or the plaintiff’s attorney appeared in court. I was told by my attorney not to attend. June of 2009, Bank of New York Mellon sent me a loan modification. I paid every payment for seven months on time even though Saxon said I did not. Payments were made to Wells Fargo. I stopped paying Jan. 2010. Recently, I have found that my paperwork includes a broken chain of title. Assignment of mortgage done way after Lis Pendens was filed and done by fake robo signer. I live in Lee county, Florida. Fraud was committed upon the court and my attorney failed to appear on my behalf.
    Do I owe some institution money? I think that Saxon owes me everything that I have paid in since they supposedly acquired the mortgage as they have been accepting payments on a loan that they do not own. I have paperwork from their attorney stating that it is owned by the SEC. Big question.
    If I accepted payments from someone under false pretenses, I would probably go to jail. The banks need to be held accountable for their intentional fraud. It is illegal plain and simple. Where is my money?

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