The Wizard Behind the Curtain
Through my experience litigating foreclosure cases, I’ve become convinced that the plaintiffs prosecuting foreclosure lawsuits often don’t even realize those lawsuits are pending. Let’s say that again:
The Plaintiffs who have filed suit don’t even realize a lawsuit is pending.
How can that be? Simple. Third-party servicers retain a foreclosure mill, a.k.a. a plaintiff’s lawyer, and, without actually appearing as a party in their own names, direct the foreclosure mill to file suit on behalf of the plaintiff, i.e. the owner of the Note and Mortgage. Does the servicer actually have authority to do so? Honestly, who the heck knows. This strange phenomenon is something I’ve started to call the “Wizard Behind the Curtain.” The servicer isn’t named in the lawsuit, but it’s the one behind the scenes, calling all the shots, directing the foreclosure of thousands of homes throughout America.
I see a myriad of problems with this. In fact, just last month, I expressed my concerns when I saw a foreclosure mill’s written admission that it had no relationship whatsoever with the plaintiff it was purporting to represent. Think about that for a second:
The lawyer had no relationship whatsoever with the plaintiff it purported to represent.
Instead, the firm’s alleged authority to file the foreclosure lawsuit came from, you guessed it, the “servicer.”
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