A Florida Times-Union investigation finds that the rampant foreclosure fraud in Florida even extends to court summonses.
Even the summons, the simple but important legal notice required to inform homeowners that they are being foreclosed on, has not been immune to the massive problems surrounding what has become known in Florida and across the nation as the foreclosure mess.
The Times-Union has reviewed documents where the same name with obviously different signatures was used to certify that papers were served to the homeowner.
While there is no simple way to know how often every type of irregularity occurs, there is documentation showing a sharp rise in one narrow area of concern.
Instances where summonses entrusted to servers have been reported as lost, once fairly rare, have skyrocketed, making it harder to document the fate of important paperwork. From barely more than 100 annually six years ago, more than 2,000 summonses have been lost in Duval County in each of the last two years.
And the paper shows how this plays out:
Mark Browne was in Iraq when a process server tried to give his mother in New Mexico a summons to inform him that his house in Jacksonville was being foreclosed on. She didn’t accept it, but the server signed a document that said she did. A judge threw that out, too.
Nancy Rush sold her Jacksonville condo in March, walking away poorer after the short sale and was getting on with her life when her phone rang with unlikely news: She was in foreclosure. A week after she unloaded the unit at Kendall Town in Arlington, a Jacksonville judge ordered the home sold at auction to settle a $190,000 mortgage debt, even though Rush had never received a summons saying she was being sued. “I didn’t even know there was a court date,” Rush said. “It scared the crap out of me.”
So, what part of the mortgage chain is not plagued with fraud?
— The Nation takes a long look at that giant Countrywide/Bank of America settlement it agreed to with state attorneys general a couple of years ago and calls it a “fiasco.”
And it’s got the goods:
If all fifty states were to sign on to the settlement, Brown’s office estimates (forty-four have so far), it would provide $8.68 billion in reduced payments and fee waivers to some 400,000 Countrywide borrowers struggling to stay in their homes. And a small Foreclosure Relief Fund of $150 million would provide direct payments to Countrywide borrowers who have already lost their homes to foreclosure. Various media called the settlement a “landmark,” “a win for homeowners” and “the nation’s most comprehensive mortgage-modification program,” reporting that 8,000 homeowners in Ohio, 13,000 in Arizona, 57,000 in Florida and 120,000 in California would all “escape foreclosure” through major loan modifications. Relief Is in Sight, read one headline.
But two years later, many Countrywide borrowers facing foreclosure have not even been notified that they may qualify for the settlement. It has kept, at best, about 134,000 families in their homes, and most of these only temporarily. Countrywide and its parent company, Bank of America, have blocked many subprime borrowers from access to the best aspect of the deal—principal reduction—in favor of short-term fixes that could easily spell disaster down the road. The settlement is silent on the question of second liens—home equity loans—which have played such a significant part in the foreclosure crisis, jeopardizing the possibility of truly affordable modifications. And the biggest loophole of all? Bank of America has the right to foreclose on the victims of Countrywide’s predation whenever its analysts determine—using an undisclosed formula—that it can recoup more money through foreclosure than by modifying the loan.

All the perps, from corporate bums to clueless regulators to Dodd-Frank-Schumer enablers, should be in orange jump suits.
#1 Posted by Mike Robbins, CJR on Tue 26 Oct 2010 at 05:05 PM
Lenders are not required to know laws –ATTORNEYS are! Often, attorneys are the ones who are making severe errors, and committing the very frauds that provide basis, defenses, and reasons to attempt negotiating mortgage contracts. Attorneys / foreclosure mills are often why foreclosures take so long to conclude.
People who scorn ‘deadbeats’, don’t know everybody’s story. Incredibly, they assume everybody in default is unwilling to PAY rent. While spewing anger about living 'rent free', scoffers absurdly acquiesce to ‘White Collar foreclosure fraud’ –which includes confiscation of distressed properties via falsified court bankruptcy and state court pleadings, criminal extortion, appalling privacy invasion; and scorners seem delighted about law credentials being utilized for dishonest, criminal, enrichment against people who are already in distressed circumstances –some of them innocently. AMAZING.
Lawyers should be held accountable for foreclosure improprieties and concealing malpractice against their lender-clients, as well as for committing Unfair Debt Collection Practices, extortion, and fraud against borrowers. Some attorney conduct is appallingly egregious –and some irreparably harmful!
Discovery of their misconduct can begin by comparing blighted neighborhoods and foreclosure conveyances to non-existent lender companies; bankruptcy "Lift Stay" motions that "lack standing," "proof of claims" different from 'lift stays' “movers”; and illegal property deeds. And, lawyer are wrong for injurious frauds, failing to “effect service” or failing at any substantive Civil Procedure requirement –not homeowners for refusing to cooperate with erroneous, fraudulent confiscation.
http://lawgraceorg.newsvine.com/_news/2010/10/26/5355803-fraudulent-foreclosures-victims-and-accountability
#2 Posted by Barbara Ann Jackson, CJR on Wed 27 Oct 2010 at 11:05 PM