Mainstream | Fighting a Foreclosure Suit? Hope for the Right Judge
More and more, every day, the truth is getting out. Thank you Abigail for keeping it in front of the masses…
Fighting a foreclosure suit? Hope for the right judge
Many judges presiding over the countless foreclosure cases around the country are taking steps to stop fraud, but in a few key courts, the bench takes the opposite track.
By Abigail Field, contributor
FORTUNE — Since last fall, the judicial system has been confronting foreclosure fraud across the country. As the scale of the problem became publicized, it’s been increasingly hard for judges not to notice that the banks have consistently filed robo-signed documents and other problematic files in many of their foreclosure cases.
Not all judges are confronting the issues in the same way. Many are adopting procedures to stop any fraudulent behavior by the banks and are investigating questionable documents submitted in their cases. Other judges are turning a blind eye, at best.
Several state Supreme Courts have adopted procedures to stop fraud statewide, including New York, New Jersey, Florida and Maryland. For example, last October New York’s chief justice started requiring the banks’ attorneys to personally swear they had examined the banks’ claims and verified that they were true. As a result, foreclosure filings plunged in New York, and many have been dismissed for failure to file the required certification.
Check out the rest of Abigail’s report at CNN Money Fortune magazine here…