Lenders and their accomplices utilized hundreds of Robo-Signers to improperly execute millions of documents. These inappropriate and potentially criminal acts are helping some homeowners stay in their homes by voiding foreclosures and, in some cases, muddying ownership of mortgages. With modest effort and minimal expense, homeowners at risk of foreclosure can determine if a Robo-Signer executed any documents pertaining to their mortgage. Armed with this information, homeowners in all 50 states may be able to get courts to stop or even reverse foreclosure actions.
In judicial foreclosure states, copies of pertinent documents are usually filed by lenders as part of the foreclosure court case. These are available from the court clerk, and are frequently attached to the Summons and Complaint which homeowners are served with when the foreclosure action is filed. Homeowners should check if Robo-Signers executed the Affadavits and Assignments. In non-judicial foreclosure states, Notices of Default are usually mailed to the homeowner shortly after filing. Homeowners should check for Robo-Signers on the Notice of Default as well as Assignments, which are available from the local County Recorder.
Once the documents are located, homeowners can reference the Alleged Robo-Signer directory below or search online by inputting the signers’ names follow by “Robo-Signer” to identify if there have been any allegations against the signers.
If homeowners get a match, they may be able to allege that the signer did not properly verify all of the information represented in the documents and did not have the capacity to sign the documents. As a result, the documents are defective and invalid. As the foreclosure action was based on these documents, the foreclosure action is also defective and invalid.
Judges are not typically giving homeowners their homes mortgage-free as a result of violations. However, lenders may be required to restart the foreclosure process in a proper manner and prove ownership of the mortgages. This may create sufficient leverage for homeowners to receive a favorable loan modification, approval on an American Homeowner Preservation short sale, or other long-term remedy which keeps families in their homes.