ALL 50 STATES AG’s SIGN MORTGAGE FORECLOSURE JOINT STATEMENT

It has recently come to light that a number of mortgage loan servicers have submitted affidavits or signed other documents in support of either a judicial or non-judicial foreclosure that appear to have procedural defects. In particular, it appears affidavits and other documents have been signed by persons who did not have personal knowledge of the facts asserted in the documents. In addition, it appears that many affidavits were signed outside of the presence of a notary public, contrary to state law. This process of signing documents without confirming their accuracy has come to be known as “robo-signing.” We believe such a process may constitute a deceptive act and/or an unfair practice or otherwise violate state laws.

In order to handle this issue in the most efficient and consistent manner possible, the states have formed a bi-partisan multistate group to address issues common to a large number of states. The group is comprised of both state Attorneys General and the state bank and mortgage regulators. Fifty state Attorneys General have joined this coordinated multistate effort. State bank and mortgage regulators are participating both individually and through their Multistate Mortgage Committee, which represents mortgage regulators from all 50 states. Through this process, the states will attempt to speak with one voice to the greatest extent possible. At the end of this statement is a list of the participating states.

Our multistate group has begun inquiring whether or not individual mortgage servicers have improperly submitted affidavits or other documents in support of foreclosures in our states. The facts uncovered in our review will dictate the scope of our inquiry. The Executive Committee is comprised of the following Attorneys General Offices: Arizona, California, Colorado, Connecticut, Florida, Illinois, Iowa, New York, North Carolina, Ohio, Texas, and Washington; and the following state banking regulators: Maryland Office of the Commissioner of Financial Regulation, New York State Banking Department, and the Pennsylvania Department of Banking.

“The banks involved in this, e.g., BOA, GMAC, OneWest, Wells Fargo, etc., need to negotiate settlements with their borrowers in all the cases where they’ve created exposure for themselves by committing fraud upon the courts.  In Oklahoma, if you think you have been a victim of lender foreclosure fraud, in addition to contacting an attorney, you can file a consumer complaint with the Oklahoma Attorney General at http://www.oag.ok.gov/consumer/complt.nsf/complaint.html” – Brian Huddleston

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One response to “ALL 50 STATES AG’s SIGN MORTGAGE FORECLOSURE JOINT STATEMENT”

  1. “The facts uncovered in our review will dictate the scope of our inquiry.” Julie Bays, an Oklahoma assistant attorney general in the office’s Consumer Protection Unit, said banks are cooperating with the investigation. “It will focus on possible violations of the Consumer Protection Act and unfair or deceptive practices”, she said. “The Consumer Protection Unit has not yet received any complaints”, Bays said. “Once this goes out, we will start hearing from people,” she said.

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