Fountain pens and foreclosures
In these days of robo-signers and rocket-dockets, you can easily imagine losing your family home at the stroke of a pen—based on the signature on a perjured affidavit, or the order of a hurried judge—but how often have you heard of a home saved by the stroke of a pen?
A bank folds when its fraud is exposed
Several months ago, I got a call from a couple facing foreclosure. They were convinced, and soon convinced me, that the bank had forged certain key documents in the case. I asked several pointed questions, got the facts I needed, and drafted both an answer to the complaint and an affidavit from my client about the fraud.
The answer, which stated the facts in mostly general terms, I filed right away, and “kept my powder dry” with the affidavit. At first, the bank freaked out. They heaped scorn our defenses, calling them “frivolous” and “without basis.” Judges balked—even in the face of overwhelming evidence that they do it every day—at the thought that a bank could commit foreclosure fraud. Shamefully, one judge even threatened my client with criminal charges for perjury.
Getting ready for trial
But we did not waver. We used our secret to its best effect, and properly prepared, we survived the summary judgment hearing. The court set a trial date. I began the process of assembling our trial evidence and witnesses, including an expert witness to testify about the fraud we’d uncovered. And then the strangest thing happened:
Find out what happened here…