Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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William A. Roper, Jr.
A decision in the Andrey Barhatkov v HSBC Bank USA, N.A. case gives us a further cautionary note about the possible consequences of a person seeking to file a court related document on behalf of a spouse:
Andrey Barhatkov v HSBC Bank USA, N.A., Case No. 2D10-1640 (Fla. App. 2nd Dist. 2011)
http://www.2dca.org/opinions/Opinion_Pages/Opinion_Page_2011/June/June%2015,%202011/2D10-1640.pdf
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I post today's Florida appellate decision because it identifies a very common pro se blunder.  The blunder most often arises when husbands believe that they can prepare and file documents in court on behalf of their wives, but could also arise in other instances.

Under the laws of most states, a person other than a lawful attorney CANNOT lawfully prepare and file court papers in any matter for another person.

When someone else prepares and files such a document and it emerges that the person filing the document is NOT an attorney, the courts can DISREGARD the document.

If the document is an ANSWER, the person who was due to answer may suffer a default judgment.  If the document is an opposition to a motion for summary judgment, the judgment may be granted as if unopposed.

In this case, it seems as though the husband filed the notice of appeal on behalf of his wife.  Oops!  Since the husband wasn't a lawyer, the Court was found to have correctly IGNORED the notice of appeal.

The wife has LOST her right to appeal.  GAME OVER.
 
When fraudsters like Mike H. show up and offer to prepare pleadings, Bankruptcy petitions and schedules or other similar instruments for you, you should report these people to law enforcement authorities.
 
When preparing your own pleadings as a pro se litigant, TAKE CARE TO ASSURE THAT EACH NAMED PARTY IS PREPARING, SIGNING AND FILING THAT PARTY'S PLEADINGS.  Filing a pleading, motion or reponse on behalf of another person is NOT an acceptable valid alternative.  IF YOU NEED HELP, SEE A LAWYER.
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William A. Roper, Jr.
It is probably useful to cross link this prior message thread on the related topic:

"A Note About Preparing and Signing Pleadings for Others -- Unauthorized Practice of Law"

http://ssgoldstar.websitetoolbox.com/post?id=5260327


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William A. Roper, Jr.
In regard to Mike H., please see the new thread:

"About Mike H."

http://ssgoldstar.websitetoolbox.com/post?id=5358980

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William A. Roper, Jr.
In regard to Mike H., please see the new thread:

"About Mike H."

http://ssgoldstar.websitetoolbox.com/post?id=5358980

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