Have you heard about the Robosigning scandal and wonder how it might affect you if your mortgage, especially if you are looking to avoid foreclosure?
Robo-signing, a term first identified by consumer and investor advocate Nye Lavalle in 1999, refers to the automatic generation and signing of documents. In the case of the Robosigning scandal, these documents refer to Mortgage and Foreclosure affidavits and documents.
The result has been that many people may have lost their homes or been threatened with the loss of their homes without their lender having either read the relevant foreclosure documents, ascertained that the bank actually owned the mortgage, and certainly without a notary being present, although a notary seal appears on the relevant documents. This is important because they are requirements for how the system is supposed to work.
In order to begin the foreclosure process on a defaulting mortgage, lenders must, by law, be able to produce a sworn affidavit verifying that the trust (bank) owns the mortgage in question, and that the mortgage is at least six months in arrears. In fact, at every transfer of property, it is vital to establish a clear chain of title against future claims. If a clear chain of title cannot be established (or is broken) claims may be rendered void, or in the alternative a property may seem to have a clear title when in fact someone has a legitimate claim against it.