Fisher and Shapiro Fraudclosures | Judge Suspends 1,700 Foreclosure Actions After Law Firm Admits Affidavits Were Changed

Altered documents halt some Cook County foreclosures

Judge suspends 1,700 actions after law firm admits affidavits were changed

March 25, 2011|By Mary Ellen Podmolik, Tribune reporter

A Cook County Circuit Court judge has taken the unusual step of temporarily halting at least 1,700 mortgage foreclosures after a law firm told the court that the cases contained altered documents, the Tribune has learned.

Fisher and Shapiro LLC, one of the top three law firms used by mortgage servicers to handle their local foreclosure actions, reported to the court that, in a breach of protocol, affidavits in the cases were changed. Among other things, fees were added after the documents were signed by servicers.

As a result, Moshe Jacobius, presiding judge of the Circuit Court’s Chancery Division, has stayed the cases. The delay will not necessarily prevent delinquent borrowers in Cook County from losing their homes to foreclosure, but it likely will give some homeowners time to seek assistance or to make arrangements to live elsewhere.

Instances of sloppy paperwork and improper foreclosure procedures by mortgage servicers and their law firms have rocked the lending industry, which has been overwhelmed by the number of cases. There have been instances of lenders and lawyers signing foreclosure affidavits without reviewing the documents for accuracy, a legal violation that has come to be known as robo-signing.

Accusations of shoddy foreclosure procedures have sparked investigations by all 50 attorneys general and individual state agencies into mortgage servicers’ and attorneys’ back-office procedures.

The admission to the court by Fisher and Shapiro does not involve rubber-stamping of documents but rather removing the signature page, altering the affidavit’s content and reattaching the signature page, the court said.

The changed contents included the addition of attorneys’ fees, insurance costs, preservation costs, inspection costs and taxes on the property, costs that may have been incurred before or after the servicer signed the original affidavit, Jacobius said in his order dated March 2.

The firm’s admission signals a note of caution to purchasers of distressed homes, which represent about 50 percent of local home sales, because of potential lingering legal issues if the title transfer process was faulty. .

It’s uncertain why the documents were altered or who ultimately bears responsibility. It’s also unclear whether affected homeowners and servicers, as well as housing counselors, are aware of the court’s decision: As of Friday, some were not.

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4closureFraud.org

Comments
23 Responses to “Fisher and Shapiro Fraudclosures | Judge Suspends 1,700 Foreclosure Actions After Law Firm Admits Affidavits Were Changed”
  1. victoria says:

    One thing I forgot too mention in my earlier comment, the Judge appointed a representative for my father when I already was the executor and provide a letter of office to the court so he (the small claims Judge) not only over rules the Probate Judges rules but also the laws that my father through his will written years prior. Now if that isn’t being bias to the mortgage company than the word should be stricken from the dictionary. Seem like Someone is brown nosing someone with coffee and donuts behind closed doors. and people wonder why you cant trust the Judicial system. If it were you or myself on the opposite side because were not the big bank the Probate would have stuck just as the Probate Judge ruled and close and some three years later after it is closed you or I wouldn’t have a chance to re open this case . you talk about prejudice. I am contacting and filing a complaint on the judge for conflict of interest because of my bad association with him when he was a lawyer years earlier. Send me some comments as to what you think. Thank’s

  2. victoria says:

    My father died in 2010, I was the executor of the will, the mortgage company received the death publication,letter of office, death certificate, will, and letters from my attorney as too the case is entered into probate. the Mortgage company never appeared in court to file any claim on the house. the probate was open for not six months but for eighteen months with continued correspondence with the mortgage co. they still never made any claim. the Judge closed the case. it’s been more than two years and now the mortgage co. wants to foreclose. According to the law and them being barred now they want to re-open the probate and amend their complaint. Now I was told that the mortgage co. didn’t follow protocol and no longer had the right after two years of doing nothing. The judge who is now hearing the case was an Attorney that I had representing my company in another business matter several years before he became Judge, which the attorney representing the mortgage co. were friends when he was practicing. I had fired him for not responding to my case and phone calls when he represented me. He is not the Judge who was presiding over the foreclosure claim, but now he went against the Judges order from which initially handled the probate , close the case which would bar anyone who didn’t appear to do so. I am requesting that he be removed from this case as I feel that there is prejudice and conflict . and because of the influence of the close knit relationship amongst the attorney’s . that I also want a different venue. in another courthouse. also if there is anyone who knows of a case where a company was barred , especially after waiting several years PLEASe let me know. The Attorneys representing the Mortgage co. were ignorant and negligent which is not common so few cases were ever tried because you would figure , this may be one of those cases that would establish a precedence as one would need to refer to in future case. what’s anyone’s opinion as what to do?

  3. One of Plaintiff's Attorneys says:

    Pay your fucking mortgage you whiny, self-entitled blowhards. Owning a home is not a right. If you can’t handle it rent or move back home and live in your mother’s basement. Funny how nobody cries “fraud” if you fall behind on your car payments. The car gets repoed and that’s that..

    • Go back to where you belong.Paid for bank schill.SMDH.

    • Justin Burke says:

      Wow! That was really “professional” of you! No wonder why your foreclosure mill law firm has been sued many times over foreclosure fraud. I see that you’ve included David Kreisman from Florida into your foreclosure mill. He’s been sued multiple times in the state of Florida for fraud, false affidavits, etc. I guess willfully violating the Fair Debt Collection Practices Act is a normal procedure. Your law firm license should be revoked by the Illinois ARDC.

  4. Gloria Jean Sykes says:

    In October of 2009, Chase bank, without notice or record of conviction, froze my assets: then Chase opened an escrow account where my payments were entered (mortgage): then Chase, once I learned of the illegal acts, in February 0f 2010 agreed to their mistake, I made payments for mortgage, insurance, et al, for three months they held on to my checks, but in March 2010, Fisher and Shapiro got in involved and served my Mother, who is not on the mortgage or responsible for the mortgage on my home, and filed for foreclosure. I did not know of this as there was no case number and during this time, I am working with Chase Executives to resolve. Then in April, I am denied the right to pay my mortgage payments. Yep, DENIED THE RIGHT TO MAKE PAYMENTS. Every month I’m assigned a new executive from Chase’s office of the President and every month I’m told that it will be resolved and every month someone from Fisher and Shapiro call three to ten times a day trying to collect not only the mortgage payments, but attorney fees, late fees, interest, et al. In November 2010 I return from being out of town for a few days to being locked out of my home and garage; locks were drilled out, new locks replaced and a lock box on my home, the $5,000 security system destroyed, and the digital recordings erased; the new service door broken, and the new garage door’s electrical units cut and inoperable: to enter my property, an unknown person broke the back gate and locks. I had over $50,000 worth of property in my garage, because I was remodeling my home, and all of the valuables are GONE! Yes, the garage is cleaned out! I didn’t know it was Chase at first but days later, a neighbor spots an unknown person on my property and calls me: he walked into my home (trespassed) and unbeknownst to me Chase hired him to ‘check on ‘repair work’ for a water damage claim. The water had been turned off in the home and I never turned it on and I never filed a water damage claim. Since the basement was under repair for toxic mold, I had not been in the basement, but on this day I went downstairs, and found walls broken and torn down, and all of the work done by other contractors, undone and the remediation of the Mold was a waste of money as now there was new mold growth and spread. Then I went to the second floor and found the fall in the master bathroom torn down. The ‘designer’ tiles all broken, and debris all over the floor and all of the plastic set up by my contractors, torn down.

    I called Chase and with the ‘unknown man’ listening, I was told that Chase was in error and would settle and repair damages. Soon after, I returned home late at night and found all of my furniture and belongings from the inside of the house tossed in the alley like garbage and covered with snow. Again, Chase admitted error and agreed to pay for damages: they brought all of the property back into my home and asked for an inventory and costs. I sent the inventory and fees in immediately and each person working with me all of a sudden didn’t return calls or pick up the telephone and Fisher and Shapiro started harassing me with intimidating calls, that unless I paid about $50,000 most their attorney fees and extra fees, they would put me in foreclosure. Again, not allowed to pay my mortgage, I wrote letters and emails and even got an attorney friend involved. In March of this year, 2011, my Mother is served again, and I have to make arrangements to be served and it’s not until June 2011. Then Fisher and Shapiro assigns Joseph Herbas to work with me on a settlement: Herbas lulls me into believing that he’s going to set up a mediation settlement meeting but instead, and after I provide him with the inventory and damages, now exceeding $150,000 (not inclusion the intentional emotional and physical pain and suffering and loss of work… et al). Herbas agrees to let me digitally record our conversations, and then I get an email from him that he’s not on the case. Then I learn that Fisher and Shapiro were served: then I learn that my case was ‘stayed’ too because of fraudulent paperwork and a wrongful foreclosure filing. I continue to try and resolve the case and then the law-firm of Bart, Warren and McKay are retained by Chase to work out the settlement of the damages, and I speak with Susan Overbay, who promises to work with me and set up a mediation with the “judge”. Then Fisher and Shapiro file a motion and sue me for everything but the kitchen sink, and ask for an quick turn over for the foreclosure on my property.

    These people have no idea what they are up against, as no devil in hell or person in spirit will take my home from me without a fight and I will find justice, no matter how hard she hides. That Chase worked with opposing counsel Peter Schmiedel and Harvey Jack Waller and Cynthia Feranga and Adam STern in a wrongful guardianship appointment of my sister, a named respondent for an order of protection, and that Schmiedel and company have been trying to force me to agree to partition and sell my home, because as a connivence I put my mother down as a joint tenant for survivorship (and it is clearly defined in mother’s trust that her only interest is in survivorship). That Fisher and Shapiro want to move the foreclosure to the Probate division and combine knowing that Judge Jane Louise Stuart in Probate does not follow the law and that I am suing my sister and other’s in that case… That this is all about harassment, intimidation and financial gain for Chase, the lawyers, et al. That this is America and **** That in Hiltler’s GErmany at least the People knew their fate, but Fisher and Shapiro are sneaky sob’s who should all be disbarred.

    That if any body having to go through what I am going through in Illinois with Chase would like to e me at gloami@msn.com I would appreciate it.

    That this is just sick and wrong.

    • lvent says:

      Gloria, WOW…what an outrageous mess! Sounds like there was alot of fraud and deceptive practices committed here….. What county are you in? I am dealing with a fraudclosure in Cook with F&S and PHH. I am sure that you know that F&S are Fannie Mae’s attorney network..I hope you have a really good attorney because you really deserve very large monetary restitution and clear title to your home..This is what they do, they create mass confusion to intimidate you and wear you down so you walk away. Don’t give up because none of them own your loan and that is why they are acting so outrageous, they want to intimidate you…. They are trying to steal what they can get away with in order to cover the fact they are all insolvent on paper and they do not want to have to go into their overseas bankster accounts where they hid all the peoples stolen wealth…This is a Hitler Plan by the ruling elite who rang us up with 40 trillion in debt backed by 8 trillion in collateral, our collateral.They want to convince us that we are broke when the Ponzi Schemers are who are broke.This was massive collateral fraud by the banking elite backed by ZERO and it was intended to destroy our economy and put an end to any of us owning anything of value…. It all stinks to the high heaven that the banks are being allowed to rob the american people for debt the criminal Ponzi Schemers created out of thin air backed by thin air…If you are familiar with Max Keiser he had an excellent interview in the second half of his show with Catherine Austin Fitts who worked for HUD during the Bush administration and they discuss the exponential mortgage fraud by the Banks and all of their minions and cohorts on Wall Street. Keiser Report: Bankers & Aliens E 175:
      http://maxkeiser.com/

      • Gloria Jean Sykes says:

        I’m in Cook County. Sorry for late response, but I’ve been very busy. I’m fighting eviction, foreclosure, and of course, a partition action with Judge Jane Louise STuart, and in the meantime, my Mother, Mary G. Sykes is isolated, drugged, depressed, and her life is shortened. Their goal is to get rid of me and then ….. I’m pro-se in Probate and Housing court and foreclosure, where I am tomorrow at 3, I have an attorney. This all stems from Probate Court where, just like Hitler, the officers of the court rob, rape and would send their own mother to the gas chamber if it meant earning an additional many hundreds of thousands of dollars… oh wait, these bastards would do it for $10. They’re just people of the lie. Thanks for your response. It’s all fraud, but also business as usual and they have gotten away with it for a very long time.

      • lvent says:

        Gloria, I am glad you found an attorney and this website. God Bless you and your mom….Please let us know how it all goes tomorrow.

  5. keepon says:

    What is this (judge to the audience) ‘talk to yourselves for a few minutes; we’ve had a little more wet breakage in aisle 7; be back to take your home in few; don’t go away’ business? This is absolute lunacy! It’s really too bad we can’t come up with something truly reprehensible that these guys had done.

    This raises, or lowers, the bar to the level of mockery. It’s blatant: I have the power and you have none. The law? Fahgeddabowdit.

    Got the memo? Black is white.

  6. Pamela says:

    Now how to get rid of them cause they tend to get in the way of making any kind of progress and tend not to do well with any kind of change.It just seems to elude thier poor simple minds that there could be a better way.

  7. The Crow says:

    The sad part is that they think its only F&S when any foreclosure defense attorney knows that every foreclosure firm does the same thing, all of them. Each Cook County chancery judge knows exactly what these banks are doing and they ignore it. They willfully ignore 1,000 counts of fraud, forgery, and perjury every day because they don’t have the balls to stand up to the banks.

    I see this every day and then I hear about what the ARDC is actually doing, its a fucking travesty.

    • Like I said the rule of law is no more… Plutocracy is the new law

    • l vent says:

      @The Crow: I was in court in downtown Chicago last week for a fraudclosure on my commercial property. The servicer who filed the motion never showed up to court. I was there long enough to see what is going on SO I WAS REALLY SURPRISED TO SEE A JUDGE ACTUALLY DO SOMETHING, THOUGH IT WAS CLEARLY NOT ENOUGH, FOR 1700 HOMEOWNERS IN FRAUDCLOSURE. The day I was in court both the banks and homeowners were no shows in about 3 quarters of the complaints, The judge the day I was there looked and acted completely miserable and pissed off and completely rude to the homeowners who DID show up. The judge sounded like a NAZI DICTATOR the way he was almost yelling at the homeowners and demanding to know if they did this or that like ARE YOU PAYING YOUR MORTGAGE? YOU ARE TRYING TO GET A LOAN MOD WHILE PAYING YOUR MORTGAGE? LIKE YOU BETTER SAY YES! OK, NEXT HOMEOWNER VICTIM. IT WAS ALL A TOTALLY INTIMIDATING EXPERIENCE IN THAT COURT ROOM AND FELT MORE LIKE A DICTATORSHIP THAN A DEMOCRACY.. THE JUDGE WAS A TOTAL RUDE ASSHOLE. I HAVE NO RESPECT FOR THIS. I EXPECT TO BE TREATED LIKE A HUMAN BEING BY THE JUDGE, NOT A PIECE OF SHIT. HE WAS INTENTIONALLY TRYING TO MAKE HOMEOWNERS FEEL LIKE DEFENSELESS CRIMINALS WHO HAVE NO RIGHTS. THIS IS RIDICULOUS. As soon as you walk in the courtroom and check in with the clerk you are immediately asked by the clerk if you are there for a LOAN MEDIATION. My husband and I were like F—- NO! WE ARE HERE FOR JUSTICE. IS THIS NOT THE UNITED STATES OF AMERICA? DO WE LOOK LIKE WE JUST GOT OFF THE SLOW BOAT FROM CHINA? ARE WE IN CHINA NOW? DID SOME FOREIGN COUNTRY TAKE AMERICA OVER WITHOUT US KNOWING IT? A FORCED LOAN MEDIATION MIGHT BE JUSTICE IN COMMIE CHINA BUT NOT HERE IN AMERICA. IF THESE SERVICERS ARE NOT THE PARTY IN DUE COURSE and THEY DO NOT KNOW WHO ON THE PLANET IS THE PARTY WHO IS OWED THE MONEY.. THEN RESCIND MY LOAN, DON’T WASTE THE PEOPLE’S TIME. IT IS STARTING TO REALLY LOOK LIKE THERE IS AN UNCONSTITUTIONAL CONFLICT OF INTEREST GOING ON HERE BETWEEN JUDGES AND HOMEOWNERS. DO THEY THINK WE ARE STUPID IDIOTS? RESCIND OUR LOANS, STOP WASTING TIME AND TAX-PAYER MONEY. GO GET THE REAL CRIMINALS OF THE PONZI SCHEME HEIST. THAT IS WHERE THE PENSION MONEY IS. WE THE HOMEOWNERS DONT HAVE THE MISSING TRILLIONS OF LOOT. WE WERE ROBBED BY THESE CRIMINALS, TOO!. STOP GOING AFTER THE VICTIMS AND GO AFTER THE CRIMINALS WHO CAUSED THIS AND ROBBED AMERICA OF ITS WEALTH, JOBS, HOMES AND CHILDREN’S FUTURE’S AS WELL. THE HARD WORKING AMERICAN PEOPLE SHOULD HAVE TO START OVER AND BE MADE HOMELESS WHILE THE CRIMINALS WHO SET US UP AND DEFRAUDED AND ROBBED US “EAT CAKE” and GO FREE AND ARE STILL RAPING AND PILLAGING THE AMERICAN PEOPLE TO THIS VERY DAY. IT IS COMPLETE COMMIE BULLSHIT!!! TIME TO STAND UP FOR OUR RIGHTS AMERICA. THE JUDGES ARE FULL OF SHIT FOR LETTING THEM GET AWAY WITH MORE FRAUD AND FRAUDCLOSURES. THE JUDGES ARE CLEARLY BLAMING WE THE PEOPLE WHO ARE THE VICTIMS HERE, WE THE PEOPLE ARE NOT THE CRIMINALS. RESCIND OUR LOANS. WE THE PEOPLE WERE ROBBED.

      • pamelag says:

        dupage county judge covered his ears when it was my turn to speak. AG “lost” my file 5 times. then I “got it”. it is my 1st amendment right to tell you this. God Bless America

  8. Altered documents? affidavits in the cases were changed? fees were added after the documents were signed by servicers? nstances of sloppy paperwork and improper foreclosure procedures? enders and lawyers signing foreclosure affidavits without reviewing the documents for accuracy? removing the signature page, altering the affidavit’s content and reattaching the signature page ? And nobody goes to jail? wow ! the rule of law is no more…

  9. Gregory says:

    If there was FRAUD on the Court then everyone of those FRAUDCLOSERS should go to the homeowner free and clear.Let the bank sue fishman for the money……..

    • l vent says:

      @Gregory: AGREED. Fisher and Shapiro are Fannie Mae’s criminal network of Attorneys and it clearly states this fact at their websites homepage. . The judges must rule in favor of the HOMEOWNERS and give WE THE PEOPLE those homes back free and clear. If not, it looks like there is a definite CONFLICT OF INTEREST here between WE THE PEOPLE and the JUDGES. THAT WOULD CLEARLY BE UNCONSTITUTIONAL Judges are suppose to be fair and impartial. THE LAW IS THE LAW FOR ALL.. If we did this we would have went directly to the COOK COUNTY JAIL. Let Fisher and Shapiro sue the GSE FANNIE MAE. We would all love to see that.

  10. l vent says:

    Here is a CORRECTION for my STATE A.G Lisa Madigans office. FISHER AND SHAPIRO ARE FANNIE’S CRIMINAL ATTORNEY NETWORK, NOT THE MORTGAGE SERVICERS ATTORNEY NETWORK. THAT IS A LIE. LISA MADIGAN MAY GOOGLE FISHER AND SHAPIRO AND SHE WILL CLEARLY READ ON THEIR HOMEPAGE THEY ARE WORKING FOR FANNIE MAE. GOTTA GET THAT STUFF RIGHT, THAT IS THE JOB OF HER OFFICE TO PROTECT WE THE PEOPLE OF THE STATE OF ILLLINOIS FROM FRAUD BEING PERPED AGAINST US. DO YOUR DAMNED JOB. JUST BECAUSE YOUR FATHER IS A BIG WHEEL IN THE STATE LEGISLATURE, STATE REP., MIKE MADIGAN DOES NOT MEAN YOU DO NOT HAVE TO DO YOUR DAMNED JOB WHICH IS FIGHTING FOR THE PEOPLE. STOP THE GODDAMNED LYING AND DO YOUR DAMNED JOB.

    • l vent says:

      HEY, LISA MADIGAN, YOUR CORRUPTION IS SHOWING. YOUR OFFICE NEVER DID ANYTHING FOR THE PEOPLE OF THE STATE OF ILLINOIS ABOUT THE LOAN MOD FRAUD. YOUR OFFICE NEVER DID ANYTHING TO FORCE A MORATORIUM IN OUR STATE BECAUSE OF THE RAMPANT MORTGAGE FRAUD THAT IS BLIGHTING OUR COMMUNITIES. YOUR OFFICE SHOULD GOOGLE THE COOK COUNTY RECORDER OF DEEDS AND GO TO THE HOME PAGE THAT SPEAKS OUT LOUD AND CLEAR ABOUT THE RAMPANT MORTGAGE FRAUD IN THE INDUSTRY THAT HAS BLIGHTED OUR COMMUNITIES IN THE STATE THAT ‘ELECTED” YOU. BETTER YET, HERE IS THE LINK: http://www.ccrd.info/CCRD/controller NOW, READ THE MESSAGE FROM THE RECORDER, EUGENE MOORE, SECOND PARAGRAPH, GO AHEAD, READ IT!!!!! YOU VOWED TO PROTECT THE PEOPLE FROM THESE CRIMINALS. THERE IS EVEN A MORTGAGE FRAUD HOTLINE AT THE COOK COUNTY RECORDER OF DEEDS OFFICE HERE IT IS 312-603-4000. DO YOUR GODDAMNED JOB, GODDAM IT. OR I WILL PERSONALLY START A STATEWIDE RALLY FOR YOUR REMOVAL. YOU ARE NOT DOING SHIT FOR THE PEOPLE OF THE STATE OF ILLINOIS TO PROTECT US FROM THEM. SOMETHING STINKS AND I THINK THE SMELL IS COMING FROM YOUR OFFICE.

  11. l vent says:

    YES! NOW THIS IS WHAT I AM TALKING ABOUT! SWEET HOME CHICAGO! THIS IS BECAUSE THE TRUTH IS PREVAILING, FINALLY IN AMERICA. AMERICA IS FINDING OUT THE TRUTH AND THE TRUTH WILL SET US FREE! .Fisher and Shapiro are trying to FRAUDCLOSE on me in the name of a failed bank via MERS. There was never a mortgage assigned to my title until 14 years after I closed on my home. There are forgeries on my note and mortgage which is why they gave me a copy of a note endorsed in blank at my closing to cover up for the origination fraud which eventually lead to the Foreclosurefraud they were going to use when they knew they set me up to fail and eventually these crooks were going to try and steal my home. Those are only the bits and pieces of much wider mortgage fraud which they perped on my family. I have the proof of what they did. Thank you 4closurefraud. I could have never found out the truth if not for you guys! GOD BLESS AMERICA.

  12. Pamela says:

    Judges on the west coast need to start doing this and start getting it especially in non-judicial foreclosure states.Out here thier motto is “hang em high”.Still got alot of the good old boys mentality going on.

    • Katheryn says:

      Oh Geeez – got plenty of those where I am too. I refer to them here as the “Dukes of Hazard Boys” running the town. It’s enough to make you puke.

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