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Response to dkf (Reply #10)

Sat Jan 21, 2012, 02:56 PM

29. Banks have foreclosed upon some not in default. Flip side? Prosecute robosigner higher-ups.

 

The fact that the banks have used robosigned documents to foreclose upon properties which have not been in default, including properties owned by retirees and others who did not even have mortgages, has been reported in the news. There are many such cases which are now going through the court systems.
http://www.miamibankruptcylawfirmblog.com/2011/06/foreclosure-mix-up-causes-florida-retiree-to-lose-belongings.shtml

The very purpose for the procedures required by the law is to protect against such illegal foreclosures and trespass activities. The robosigning activities is unlawful, as is the related activities of the banksters who knowingly were involved with the robosigning. Their illegal activities cannot be logically excused on the grounds that many of the recipients of their illegal activities were in default on their mortgages. This is not a case of "no harm, no foul." To the extent that the banks had legal remedies against borrowers in default, they should have followed the law. Under no circumstances should they have used forged and unlawful documents to foreclose upon persons who were not in default. They certainly should never have used forged and unlawful documents to justify their trespasses upon properties owned by persons who did not have mortgages.

In one particular case,
According to the lawsuit, the 82-year-old man had returned to his Tampa home in the fall of 2009 after spending some time in New Mexico. However, the retiree discovered that the locks had been changed. A large sign was also posted on the door with the contact information for Field Asset Services, a company that cleans out foreclosure properties for banks.

A deputy investigated the incident and wrote in his report that Field Asset Services may have "mistakenly arrived at the residence in error on 9/17/09 and removed its contents." Everything in the Tampa man's home had been taken including pictures of his deceased wife, furniture and valuable antiques. The man estimates that nearly $100,000 worth of personal belongings were wrongfully taken and discarded.


It is heartless and cruel to ignore the harm done to this 82-year-old retiree, and the destruction of his deceased wife's photos and other property with sentimental value him, based upon an unsupportable belief that the banks only used robosigned documents with false addresses and/or other false information to foreclose upon deadbeat debtors.

Some will use that reasoning. I hope that you, who now have such knowledge, will not continue to do so.

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