Testimony of James A. Kowalski, Jr., Esquire “Foreclosed Justice: Causes and Effects of the Foreclosure Crisis

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Testimony of James A. Kowalski, Jr., Esquire “Foreclosed Justice: Causes and Effects of the Foreclosure Crisis

Testimony of James A. Kowalski, Jr., Esquire “Foreclosed Justice: Causes and Effects of the Foreclosure Crisis

Written Testimony of
James A. Kowalski, Jr., Esquire

Law Offices of James A. Kowalski, Jr., PL
Jacksonville, FL

Before the
Committee On The Judiciary
United States House of Representatives
Foreclosed Justice: Causes and Effects of the Foreclosure Crisis

Excerpt:

The focus on speed is part of the business model for the servicers. As those of us
who have litigated these cases for years now, and as all of us now know as a result of the
robo-signing scandals, most of the servicers use “Signing Officers” – rows of individuals
who sit before reams of documents prepared by others, with not even a modest wink at
the business records exception to the hearsay rule, and who sign the documents only to
have the document transported across the business campus to rows of notaries, who attest
to the signatures without ever complying with the basics of their state’s notary laws.

Some of the mill firms now employ their own “Signing OffIcers” – individuals
who will sign Assignments of Mortgage on behalf of the owners of the pool, supposedly
authorized by the servicer pursuant to the Pooling and Servicing Agreement which
applies to the particular securitized trust. The documents are prepared entirely by the
servicer.

On occasion, the law fIrm employees also sign the AffIdavits in support of
motions for summary judgment fIled by the law fIrms – here, the lawyer’s offIce staff
becomes the material witness for the lawyer’s client.

Continue reading below…

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