Demands information from Bank of America, JP Morgan Chase, Wells Fargo and GMAC Mortgage/Ally ~Calls for suspension of foreclosures by mortgage servicers engaged in “robo-signing” in New York until accuracy of court documents and integrity of process are assured
NEW YORK, NY (October 12, 2010) – Attorney General Andrew M. Cuomo today announced that he is seeking information from four major mortgage servicers – Bank of America, JP Morgan Chase, Wells Fargo and GMAC Mortgage/Ally – concerning the filing of affidavits that falsely attest the signer has personal knowledge of the facts presented in home foreclosure proceedings, a practice known as “robo-signing.”
In view of the prevalence of this practice in the industry, Cuomo also called on mortgage servicers engaged in “robo-signing” in New York to immediately suspend all foreclosure actions in the state until they correct their procedures to comply with New York law and can assure the public and the courts that integrity has been restored.
“I will not allow New Yorkers to lose their homes due to mortgage goliaths that buck the system by submitting affidavits signed without knowledge of the facts,” said Attorney General Cuomo. “Such conduct is a fraud upon our courts and a slap in the face of New Yorkers struggling to get by in this economy. My office will continue to root out these practices so homeowners receive the full protections afforded by our judicial system.”
Recent reports indicate that employees of these mortgage servicers routinely signed affidavits submitted in foreclosure proceedings without personal knowledge of the underlying facts or verification of loan file information, and without even reading the documents they signed. This practice, known as “robo-signing,” has tainted the integrity of the foreclosure process by which homeowners in New York lose their homes. Bank of America, JP Morgan Chase and GMAC Mortgage announced that they were temporarily halting pending foreclosures, while Wells Fargo has not suspended foreclosures despite the deficiencies uncovered.
Attorney General Cuomo is calling on these mortgage servicers to submit documents and information to his office concerning how foreclosure documents are prepared, verified, attested to and notarized, and how required notices are provided to New York homeowners. The letters request that the mortgage servicers stop re-filing foreclosures that had been suspended (and in Wells Fargo’s case, cease proceeding with pending foreclosures) until the Attorney General’s Office is assured that reliable and fair procedures are in place and that accurate, trustworthy documentation will be submitted to the New York courts. The letters also request that the mortgage servicers refrain from filing any new foreclosures until they can provide assurances that their procedures comply with New York law and are neither tainted nor inaccurate.
Because of the gravity of these transgressions and the high volume of foreclosures, Attorney General Cuomo is calling on all mortgage servicers engaged in “robo-signing” in New York to immediately suspend all pending foreclosure actions in the state, including evictions and foreclosure sales. Cuomo is also requesting that the mortgage servicers not file any new foreclosures until the companies correct their procedures.
Tens of thousands of New Yorkers have been devastated by the foreclosure crisis. In fact, the foreclosure rates in Nassau and Suffolk Counties rank among the ten highest in the nation. More than 60,000 New York homes are currently in foreclosure, and 130,000 New York homeowners have received pre-foreclosure notices this year after falling behind on their mortgage payments.
In addition to his office’s review of Bank of America, Chase, Wells Fargo and GMAC Mortgage/Ally, Attorney General Cuomo is working with other state attorneys general, banking regulators and other interested parties to assess the veracity of servicers’ foreclosure filings and ensure the fairness and accuracy of their processes.
Attorney General Cuomo advises New York homeowners who are facing foreclosure proceedings to do the following:
- Contact the court to find out the status of your foreclosure proceeding.
- Seek representation or advice from a qualified attorney. If necessary, contact your local bar association or legal services office for a referral. If you are unable to retain counsel, carefully review any documents filed thus far with the court to ensure their accuracy.
- If you have not done so already, immediately contact your lender or servicer to discuss available alternatives to foreclosure such as a loan modification.
- For a general description of the foreclosure process, refer to www.nyprotectyourhome.com/fc_timeline.html.
- Consult with a government-approved housing counseling agency. To find counselors approved by the U.S. Department of Housing and Urban Development (HUD) in your local area, call 800-569-4287 or visit www.hud.gov. A list of housing counselors also can be found via the NYS Banking Department at www.banking.state.ny.us.
- Call HOPE NOW at 1-888-995-HOPE. HOPE NOW is an alliance of housing counselors, mortgage companies, investors and other mortgage market participants that provides free foreclosure prevention assistance.
- If you live in New York City, call 311 to schedule free foreclosure counseling sessions at the Center for New York City Neighborhoods.
New York homeowners who believe their homes were foreclosed based upon false or inaccurate documents filed in court by their lender or servicer should seek representation from an attorney. They may also file a complaint with the New York Attorney General’s Bureau of Consumer Frauds & Protection by calling 800-771-7755 or visiting www.ag.ny.gov.
The investigation, led by Special Deputy Attorney General for Consumer Frauds & Protection Joy Feigenbaum, is being handled by Special Counsel Mary Alestra, Assistant Attorney General Brian Montgomery and Deputy Bureau Chief Jeffrey Powell of the Bureau of Consumer Frauds & Protection under the direction of Executive Deputy Attorney General for Economic Justice Maria Vullo and Deputy Attorney General for Economic Justice Michael Berlin.
How do you make fraud right. What form does the Bank submit to undue fraud?
Stan Racine WI
WHO SAID THERE IS NO GOD?????
CAN U THE DIVINE HAND OF AL MIGHTY IS IN IT? HE WILL BRING TO LIGHT EVERY BANK, EVEY JUDGE, EVERY LAWYER EVERY INDIVIDUAL THAT WAS INVOLVED IN SCHEME.
GOD HELP US ALL
What the heck is taking them so long. so many people are uneducated and are just leaving their homes and renting. they think they are wrong. all our mortgages since 2002 have been securitzed and are on MERS. there is no note or mortgage paper work, and to top it off never submitted to county deeds. Then to top it off the servicers do not know we know that they are lying on the REST report to deny us OBamasa HAMP loan. it will ocme out that most people denied a hamp loan or other motgage mod the servicer lied on the REST report. so they can illegally foreclose. they get 6k per foreclsoure. thats a alot of money to do nothing. that laon negotiator most of us talk to is not a loan negtiator she jsut is our communication with the bank so at foreclosure they have the documentation. they do nothing. mine actually told me they made a mistake on my mortgage modification sequencing the approval for my mod 4 months already
thank you gloria. that is my moms name and she passed away 10 yrs ago. and she is watching out for us. she does not want her grandkids homeless. please help us all to get through this mess
hi stanley not sure it seems the banks get away with fraud , the rest of us go to jail. they duoe all the states and counties out of the transfer of deed monies, they foreclosed using fraudulent documents with fraudulent signitures., they used appraiser fraud to artifially raise home prices and you know why they will get away with this until someone stops it no one why. all our senteors, and house reps have been given campaign money by the banks. theyhave aduty to their supporter. its shame we are left with this burden with no one on our side. i feel the atourney generals are going to side with the banks and leave us out in the cold because they want their jobs next election. i feel like they are all doing this to appease us not to fix our mortgages and make it right