I must say, this guy is awesome…
From the Robo-signer rejection letter…
RE: Request for Recording of ____________________________(the “Recording”)
Enclosed please find your Recording, based upon the fact that it is signed by a known robo-signer, I am returning it to you. I will record it upon receipt of a signed affidavit, a copy of which I attach hereto (the “Affidavit”). The Affidavit must be signed under the pains and penalties of perjury that the Recording is accurate and the signatures of both the signatory on the Recording and notary public’s signature are authentic. As I am sure you are aware, MGL Chapter 266, Section 35A (b) (4) provides that:
“Whoever intentionally: files or causes to be filed with a registrar of deeds any document that contains a material statement that is false or a material omission, knowing such document to contain a material statement that is false or a material omission, shall be punished by imprisonment in the state prison for not more than 5 years or by imprisonment in the house of correction for not more than 2 and one-half years or by a fine of not more than $10,000 in the case of a natural person or not more than $100,000 in the case of any other person, or by both such fine and imprisonment.”
Once the Affidavit is prepared and notarized, please forward it and your Recording to my attention with a recording fee of $75 for each document, and I will make sure the documents are put on record forthwith.
As the Register of Deeds for the Southern Essex District of Massachusetts and the keeper of the records, I am very concerned with some lenders business practices and how they may affect homeowner’s chains of title. I truly believe in the integrity of the land recordation system. Thank you for your attention to this important matter.
Sincerely,
John O’Brien
Register of Deeds
Southern Essex District
From the affidavit…
Affidavit in Support of Filing
I, _________________________________________ (“Declarant”), am a resident of _________________________________, County of ______________________, State of ____________________________, and do hereby certify, swear or affirm, and declare that I am competent to give the following declaration based on my personal knowledge, and that the following facts and things are true and correct:
1. I am attorney duly licensed to practice law and in good standing in ___________.
2. I am representing ____________________ (the “Client”).
3. This Affidavit is in support of the following recording:
4. The purpose of the underlying filing(s) is/are:
5. I have personally communicated on or about _[date]___________ with an employee or employees of the Client, whose names are___________________, who (A) personally reviewed the documents being submitted for filling, (B) personally reviewed all required supporting documentation of corporate and personal authority (“Supporting Documents”), and (C) confirmed the accuracy of all documents and authenticity of all signatures, including the notary.
6. I have received and reviewed all Supporting Documentation.
7. Based on such communications, review of documents and my own personal inquiry into the Client’s past and current standards and practices, I affirm that underlying filing(s) contain no false or questionable statements of fact or law.
8. Should any of the statements made herein be incorrect and the Recording corrupt or cloud the homeowner’s chain of title, I will indemnify and hold anyone in the chain thereafter harmless.
PROPERTY ADDRESS: ___________________________________________________________
9. I am fully aware of and understand M.G.L. c. 266 § 35A.
Signed under pains and penalities of perjury.
WITNESS my signature this _________ day of ____________ 2011.
________________________________
Signature of DeclarantSTATE or Commonwealth of __________________________ County __________
On this ______ day of _____________, 20_____, before me, the undersigned notary public, personally appeared _________________________________________________ , and proved to me through satisfactory evidence of identification, which was ___________________________________, to be the person who signed the preceding or attached document in my presence, and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of (his) (her) knowledge and belief.
____________________________________
Notary Public:
My commission expires: _(official signature and seal of notary)
Full template below…
And once again, feel free to forward this to your local clerks…
~
4closureFraud.org
~
John O”Brien Robo-signer Rejection Letter and Affidavit in Support of Filing
I am a litigation paralelgal with 20 years experienced, and was shocked when Judge Granted Summary Judgment in face of Borrower’s Affidavit in Opposition, that produced prima fascie evidence that Defendant’s signature on Debt instruments were forgeries.
It is now my conclusion that our Circuit Ct. Judges are the recipients of major under the table “kickbacks” and until these parasites are exposed, the Courts (in Florida) will side with the Bankers. I am fully aware of 5 other cases of Robo signing of key foreclosure documents that the Judge ignored and proceeded to Rule for the Plaintiff Bank. It is our Judges not the bankers that are at heart of foreclosure injustice, and 66% of Appeals are PCA opinion. So much for the Rule of Law in America!
I’m interested to know if the affidavit is returned.
Wish we had him as our county recorder.At least with this form of opposition one feels like you might just stand a chance or at least have backing.Were not going to get this in WA. state as the county recorder is following the state AGS lead and he’s not leaing us anywhere except on a merry chase to hell!!
I DO think this is a good idea, but in order to have real impact or effect someone is going to have to enforce it. We’ve already seen that lack of enforcement of existing laws and regulations is one of the primary ways any of this **** has been able to happen.
awesome!!!!!!!
YES I ALSO WISH OUR records clerk in florida was like this. actually in florida it seems when you go to the couet house to look up documents its like the stepford wivws. no body wants to help and they no nothing about the foreclosure mess. amazing this should be wide open by now. did everyone see neil garfields post from livinglies today. he went to a tile seminar and found out why the title comoanies will not turn in the banks. MONEY gredd and everythign else in a nt shell we are in th fight of our lives and the tiltle compabn=nies are in the same position as appraisal companies. what is this world coming to when fraud can be bought. og my god!!!!!