Lynn E. Szymoniak, Esq., Editor, Fraud Digest, November 11, 2010

When men and women leave the military, the business community often does not reward them for their years of service with good-paying jobs. It is not surprising that veterans are among the Americans who are struggling to stave off foreclosure.  Like many others, they are hoping that the bank will re-work the terms of their loans and help them through tough economic times – in the same way that the government helped the banks. They are hopeful that the banks will honor the mandate of Fannie and Freddie and offer meaningful re-working of the terms of their loans.  Perhaps their 9% adjustable rates will be reduced to a 5% fixed rate.  Perhaps the loan balance will be reduced to reflect the loss in value caused by the mortgage meltdown.  Perhaps they can stay in their homes, because it would make economic sense for the bank to re-work their loans instead of forcing them out only to sell the house at less than 60% of the loan balance.

In this foreclosure struggle, these veterans are given no respect by the foreclosure mills. The Florida Attorney General has found that in thousands of cases involving members of the military, proof of service of process has been falsified.  In thousands of other cases, former military families cannot get legal representation because they cannot afford to retain lawyers, but have just enough income to disqualify them for free representation through legal services programs.  Without legal representation, they are left on their own to identify bank fraud. They must prove that the documents being presented by the mortgage-backed trusts are fraudulent and that the banks are fabricating evidence to force them out of their homes.  Their years of military training and service did not prepare them for this particular battle.

Instead of a rocket-docket that forces military families out of their homes with no more than a 90-second hearing and a rubber stamp of the bank practices, there could be special measures taken in cases involving military families.  The banks could be required to engage in mandated (but most often ignored) meaningful mediation. The banks could be required to present to the Courts a one-page straightforward “before and after” comparison that plainly shows the revised loan terms that were offered to these families.

Where no substantial effort was made by the banks, courts could appoint Special Masters to carefully examine the bank documents to make sure that banks were not relying on documents that had been fabricated just to speed the foreclosure. Where such documents were used to beat military families in foreclosure, courts could sanction the banks by requiring substantial concessions to meaningfully penalize the wrong-doing. Some restaurants and area businesses offer a free sandwich to veterans on Veterans Day.  An offer of economic justice is more befitting the many sacrifices of these families.

Lynn E. Szymoniak, Esq.



I sure could use some…

  1. davidwilson says:

    Its time for veterans to wake up and fight, I may loose but will go down in a cloud of dust. The banks and GMAC could not give you a restructured loan because they dont own your property. They bundled your loan and sold it on the new yourk stock exchange .According to the ucc one turned in to a stock it can never go back to the original owners. They are comminting fraud in our federal courts producing fause documents. They are not the true party of interest and can not forclose on your property. Wake up and fight

  2. This is why FEMA has concentration camps on many military installations. One way in, by rail. Enough space 30 million. So, when the homeless due the allowing of wall street gangsters making you a deal you cannot refuse, via teir hunting dogs, sub-prime lenders (New Century for one, gives you money you don’t qualify for but hey you have decent home and equity, shitty credit, and a stated income, oh you have an income, OK well then how about 40K! Just sign here. All while the congress looks on and smiles. 1-3 yrs later then your home is gone due 70% of industry out sourcing due the U.S. has the highest Corp. tax on the planet, 37%. Now those sneaky trust and trustees set up between the 6 largest banks, including the Feuers Deutsche Bank, 4th largest in the world and document forger condoners par excellente and no conscience , hey you know those Germans, or thought you did. So when the dying, the hopeless, the starving and homeless (Deutsche Bank) Just be very suspecious when some para military looking guys offer you a nice train ride to Wyoming OK. nothing to loose as all mentioned gather to go ask for Congressional redress of greivances, per The bill of rights, “They will address those so called rights(until the fascist Patriot ACT just RE-newed) and load all up and well, you know the out come, just remebr WW!! and how Geramny dealt with its problem p’;; address your grivances, .

  3. Ellie in the Country says:

    My husband was involuntarily retired out of the Navy after 8 years of service and was unable to find a job that allowed us to stay afloat. I was able to find a job but it was not a steady paycheck and did not cover more than our groceries and gas. So for one year we had no way of paying our mortgage which was an FHA backed loan at 6.25%. Prior to his retirement we had no trouble at all paying our mortgage on time. As a result of our financial hardship we lost our home one and half weeks before Christmas. We are now facing a possible judgement as we know our former home will not sell for what the VHDA “backed” it for and the property values in the area are severely depressed. Thank you US Government for re-paying my husband for his hard work and sacrifice.

  4. usjustice4all says:

    I was a military brat and I did have sacrifices that were not even my choice. Now I have a choice of employment and found a place to raise my kids in one place unlike anything I was able to do, only hope for. Please don’t forget about the families of the Vet’s. No glory there.

  5. Zoe says:

    Vets who are on the verge of foreclosure should be sure to contact the VA if he or she has a VA guaranteed loan. VA can help most veterans to stay in their home, unless they don’t have jobs.

  6. James says:

    Your blog post alleges “The Florida Attorney General has found that in thousands of cases involving members of the military, proof of service of process has been falsified.”

    I am actively looking for proof from the AG’s office that in fact they have found thousands of falsified Proofs of Service. I searched the AG’s website and cannot find anything that speaks directly to this allegation or finding. Please point me to your source for this information.



  7. RAMONA says:


  8. I posted a link to this article at Think Big Work Small since they observe veterans day. Good Article. Sixty minute recently did a story about the large number of vets who are homeless.

  9. vince faulkner says:

    Thank you Lynn for those kind and supportive words.

  10. Alabama John says:

    Today in Birmingham Alabama there will be the largest Veterans Day Parade in the USA.
    I know so many that will be there that are veterans with their whole families.

    Don’t know if they will be here next year or not as they may be living somewhere else. Who knows where?

    No work, behind on house payments, all so common and what’s sad is like myself, an old Jarhead, we still fly the Marine Corps flag and some the POW flag in our front yards on 40 ft poles.

    Sadly, some do not fly the USA flag since they feel so strong the USA let them down and is attending other countries problems instead of our own.
    Sending billions of dollars to other countries and helping foreighn banks like Deutsche Bank while putting you, this countries citizen in prison for not paying your taxes while unemployed sure doesn’t help!

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