Homeowners are in a very powerful position in regards to foreclosure; the problem is most do not feel like they are. This problem stems from the fact that most people will not open up about debt and therefore have zero release for their fears. I try to position myself as someone that homeowners can open up to and release those fears, then I turn those fears into a position of strength.
Robo-signing is simply where the bank and law firms recreate documents (or hire someone to do so) because they cannot find the original documents. This is very common. Many people who do not understand the crisis will tell me that homeowners should just pay the amount they owe. Those of us that understand this crisis understand that most of these documents are fraudulent.
Currently, banks are allowed to drop a case if the documents are fraudulent and refile the case. At Myers & Eichelberger, we seek attorney fees in every single case where we find this occurring. In addition, we feel the banks should not be able to re-file if they are found to be relying on fraudulent documents. According to the Supreme Court of Florida, each complaint filed and the accompanying documents must be verified by the bank by someone with first hand knowledge. How then can they “accidentally” file fraudulent documents? My answer is they cannot.
The Courts are figuring out the games the banks are playing and they are not happy about it. At Myers & Eichelberger, we like to position ourselves as attorneys who want to fight and who want to win. We are not interested in just buying time, we want to win the case or at the least reduce the principal owed on the property. If you need help, give us a call at 1-888-ME-HELP-YOU for a free consultation.