Tuesday, February 1, 2011

Ohio Judge, Requiring ALL foreclosure Attorneys to Sign and Attest to Foreclosure Documents - Bank Attorneys upset filed against it to Supreme Court.

This is one of those rulings and attorney reactions that make you go hhhmmm.........................

An Ohio Judge is requiring all attorneys for banks trying to foreclose on people, to sign and verify ALL foreclosure documents are valid and not fraud.  Well, the Ohio bank foreclosing attorneys are not happy about that at all!  They have filed suit in the Ohio Supreme court requesting a reversal of the Judges order.

Now, I have a question, if everything was on the up and up and it was not fraud, why would bank attorneys be so upset, with having to only file valid paperwork?  Jeez, isn't all their paperwork suppose to be legal, they are attorneys after all, who are suppose to go by the laws.

Instead they don't seem to want to go by what is legal, otherwise they would not have filed suit against having to have valid paperwork to foreclose on people for the banks.

Every single state should have this requirement, it does not matter if it is a non-judicial or judicial foreclosure state.  This is something all the Attorney Generals who are supposedly investigating the foreclosure fraud, should stipulate for all states.  NO, fraudulent paperwork should ever be filed.

I have a question too.  If you or I were caught filing fraudulent paperwork in the courts, would we be shown a jail cell immediately?  How come the banks and attorneys can file one fraudulent piece of paperwork after another in the courts and not go to jail?  Yeah, I know silly question.  There is one set of laws for us normal folks and another whole set of laws for the banks and corporations who run the governments.

From article:

An interesting phenomena has been somewhat quietly developing over the past several months.  Members of state judiciaries are increasingly scrutinizing foreclosures and foreclosure documents, sometimes invalidating foreclosures and ruling against lenders.  I think that it is somewhat telling that it is the judicial, rather than legislative or executive branches of our government taking these steps.

According to an article in today’s Columbus Dispatch (which I learned of due to a post on NakedCapitalism), some Ohio judges are requiring attorneys to sign and verify all foreclosure documents to attest to their validity.

 The lawyers have filed a writ of prohibition asking the Ohio Supreme Court to reverse this order, as they claim it represents a violation of attorney-client privilege. This is not the first state to issue such a requirement.  Attorneys have been required to sign similar certifications in New York State since last October.  One of the judges in question commented:
“Before we sign off on foreclosures, we want to make sure we are diligent in confirming the accuracy of those filings.  It’s a life-changing event.”
This story is not so interesting in and of itself, but is more interesting to me in that it continues a trend increased foreclosure scrutiny that is building in this country.
Recently we have seen:
I am very interested to see if pressure on major lenders eventually leads them to make some sort of widespread concessions toward homeowners in order to avoid liabilities posed by mortgage backed securities and foreclosure processes.  Stay tuned.

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