Robo-Signing – SURROGATE SIGNING: NO MAGIC BULLET

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Internet resources for investigating robosigning or surrogate signing:

www.frauddigest.com

www.whatsignature.com

So you have a “known robo-signer” and you present that to the Judge. You win, right? NO!

Just as you don’t want the courts to allow foreclosure by innuendo and mere representations by counsel in court, you will be held to the same, if not greater standard of proof. You are essentially alleging perjury, misrepresentation or fraud. That requires more than a mere reference to the fact that the person’s name appears elsewhere and has been shown elsewhere to be a forgery or fabrication without knowledge of the contents of the document, whether it is an affidavit of indebtedness, Declaration in support of Motion to Lift Stay, or a Substitution of Trustee.

Your burden is to show that in YOUR CASE the document was not signed by the person whose signature apparently appears on the document. You get an affidavit from the company on whose behalf of the document was signed if it was some originator that had 6 employees and no capital to loan on is own and it now broke. You can get those. I have seen them. The affidavit needs to say they never heard of that person and that they never worked for XXX Funding, the “lender” on the documents. Maybe you can even get them to say that they were the “lender” in name only because they were in reality a nominee for some undisclosed  third party and they the money for the closing came from some source they didn’t even know.

You get multiple signatures from other documents on record supposedly signed by the same person. You get the real signature on their own mortgage document. That is why we re about to launch a major investigation into the employees of these companies on whose behalf the documents were supposedly signed and get the information on the actual job description of the person. Maybe you can find that the notary was not present when the document was signed or that the notary’s signature was forged. Maybe you can find the notary’s notebook in which records must be kept for every signature notarized.

Robosigning: This is not exactly the way it sounds. It is actually referred to in more sophisticated circles as “surrogate signing.” These claims were handled dismissively by most judges until the last year when upon scrutiny it became apparent that people were signing the names of other people, notaries were attesting to the signature without ever seeing the person, notary signatures were being affixed to documents where the notary never even signed, and notaries were attesting tot he authority of the person who signed a document when they had no idea whether the person had such authority. In California it is illegal for the notary to attest to authority of the signor if it is to be used in another state.

Without research and analysis you won’t know if there are factual breaks in the chain of title caused by surrogate or robosigning. If you are going to make the claim of perjury or fraud you need to be specific about what was a lie and how you know it is a lie. That is why it is so important to be informed in advance when you know that the “lender” is going to take action against you, get educated, get a COMBO report on title and securitization, get a FORENSIC ANALYSIS, get a LOAN LEVEL ACCOUNTING, get the attorney workbook, get the DVD. Lately judges have been finding ways to hear evidence on title issues because they are starting to realize that the pretender lenders are rushing foreclosures through using false affidavits of indebtedness, false declarations and robosigned “verified complaints. GET A LAWYER.

Tags: bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, Robo-Signing, robosigning, securitization, TILA audit, trustee, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |