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.
In another thread, Ann has brought to our attention the issuance of an advisory opinion by the Florida Bar's Professional Ethics Committee relating to an attorney's ethical duty to disclose false affidavits used in support of foreclosure cases.  In my view, this topic deserves its own dedicated thread:

The Florida Bar News: "Lawyers obligated to disclose faulty foreclosure paperwork" (July 15, 2011)

http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/3061637e3b5ce742852578c5005740fb


Ann's original post about this issue was here:

http://ssgoldstar.websitetoolbox.com/post/show_single_post?pid=1269418977&postcount=14


within message thread:

"Bad Attys, Judges and Trustees By State/City"

http://ssgoldstar.websitetoolbox.com/post?id=3536763


Also, thanks to Florida attorney Matt Wiedner for calling attention to this article and ruling. 

Hopefully, the text of the advisory opinion will soon become available.
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William A. Roper, Jr.
4closurefraud has a really terrific anonymous "reply" to the Bar's ethics opinion at:

http://4closurefraud.org/2011/07/19/anonymous-foreclosure-mill-attorney-responds-to-the-fl-bar-ethics-opinion-approved-by-the-fl-bars-professional-ethics-committee/#comment-41110


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Do I understand correctly, that because this is an opinion by the Florida bar,(that the attorney knew documents were false) this is not a defense you can bring up during your case, but only an avenue for you to complain afterwards?
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William A. Roper, Jr.

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svt said:

Do I understand correctly, that because this is an opinion by the Florida bar,(that the attorney knew documents were false) this is not a defense you can bring up during your case, but only an avenue for you to complain afterwards?


svt:

No, you do not understand correctly.  This opinion does not pertain to the defendants rights or duties during the trial.  To the contrary, the Defendant needs to follow the Rules.

But separate from the Rules, attorneys have a duty of candor to the tribunal.  This means that they must never present what they know to be false or perjured evidence to the court.  Nor may they knowingly allow their client to present perjured testimony.

The rule creates some conflicts for attorneys.  That is, attorneys have some duty to their clients, as well. 

So the opinion relates to the attorneys' duty to inform the court when the attorney believes that perjured evidence was presented in prior court actions.

Of course, then the law firm prepared the affidavits suborning the perjury and presented upwards of 100,000 perjured affidavits as evidence in cases going back more than a decade, this creates a rather dramatic tension.

One other problem is presented in respect of the fact that in most instances the judgments in these cases is now final and unappealable.  And very often the period to move to vacate a judgment due to fraud has also passed.

So the foreclosure mill lawyer's argument is "Hey, the borrower has no remaining remedy, so WHY should we have ot disclose anything."

Happily, the criminal statute of limitations for perjury and subornation of perjury has NOT passed in many cases.  Also, the borrower may still have some valid action for fraud, abuse of process or wrongful foreclosure, though very often the limitations period on these actions is also very short.  But the limitations period might be extended by application of a "discovery rule".

What will no doubt follow is the assertion that the discovery rule runs from either the date of the discovery of the cause of action OR when the victim ought to have discovered the tort.  The foreclosure mills will claim that it was well known to ALL that they were engaged in robo-perjury and that this was readily apparent and obvious to ANYONE who simply checked the court dockers for a handful of cases.

Because the fraud was so easily discovered they will contend that the perjury should have been discovered right away, and that it is the borrower's fault that they didn't make a more thorough investigation of the facts of the case!  Thus, no tolling should be allowed.

Mark my words!  This is coming!

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The state has fired back alleging that Edwards and Clarkson's performance was "unacceptable" and they were given the option of resigning instead of being fired because of their "failure to improve after multiple warnings."  

HAH!!!!  ABSOLUTELY OUTRAGEOUS!!!!  Bondi should be ashamed of herself. 

Here is a link to the article:

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floridagal
Maybe Pam Bondi should be asked to walk. 
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Timmy

Breaking news:

Florida AG Pam Bondi has set up an investigation panel regarding the resignation of Edwards and Clarkson and to review their findings.  This panel also looked into the alleged fraud upon the Florida Courts.

 Leading this panel of experts are representatives from well distinguished law firms or Shapiro & Fishman, Marshall C. Watson and former David J. Stern PA.  This meeting was held on the private yacht of David J. Stern at an undisclosed location in the Caribbean to allow Mr. Stern to attend the meeting and avoid arrest and extradition to the United States on SEC violations.

Other members attending this meeting as consultants included representatives from Deutsche Bank, BofA, JP Morgan Chase, Ally Bank, LPS, Wells Fargo, Litton and MERS.  These consultants each came with their checkbooks and knee pads to bring incredible knowledge and resources to the meeting.

Sources in the meeting described the meeting as the most informative meeting seen which addressed all of the rumors from the so called reporters and those untrustworthy defense attorneys have been putting in the news confusing the dead beat homeowners.

After the checks were issued and cleared and the knee pads tested Pam Bondi stated “this has been one of the best meetings with the banks and foreclosures mills since taking office.”

Follow up:

Florida AG Pam Bondi has dropped all investigations against the respectable foreclosure mills and banks pulling out of the 50 state investigations stating “we have found no fraud here is Florida and the banks have been acting with the utmost respect of our court systems.” 

In unrelated news the Florida AG has spoken with the Florida Bar association and initiated a new task force to investigate and disbar any attorney who has represented deadbeat homeowners. 

In other unrelated news BofA has foreclosed on 65 homes all which had no mortgage and where paid for in cash.  When this was brought up during the hearings the homeowners where held in contempt of court for wasting the courts time.  BofA issued a statement “this is an easier process verse having to go the government for handouts and hey the citizens are going to pay for it any way why not now.”

PS not real today but may be coming to a paper soon!!!

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