“The defendants filed bogus petitions and court pleadings and recorded false deeds in county recorders’ offices.”
So here is my issue. That description of what they did sounds really bad. And maybe it IS bad and should be punished. BUT has the judiciary now opened the door to calling this behavior “not so bad?”
The banks are filing bogus pleadings to support foreclosures in which they have no interest except to complete the project of stealing investors money with homeowners being collateral damage. The banks and their servicers are sending bogus notices of substitution of trustee in non judicial states and filing bogus notices of default on behalf of a “beneficiary” or “mortgagee” that is not a creditor, not a holder, not a possessor of any written instrument that is true. The banks and their servicers are creating and recording false instruments attendant to nearly every fraudulent foreclosure. Among the most egregious examples are the void assignment of mortgage and the conjured endorsement on the note.
The courts meanwhile have been open to all kinds of excuses for that behavior. Have they now opened the door for scams on the other side — in which homeowners are the direct victims — can be called “irrelevant? Can we say that the government has no standing to prosecute claims against scam artists? Is this a case of unequal protection under the law? Is this case really a scam — or just fighting fire with fire?
Those of us who have been heavily engaged in the defense of homeowners know that the banks are given so much credibility that their fabrication, forgery and robosigning of documents that are created out of thin air and then recorded is then given the benefit of a legal presumption of truth and proof of facts that we all know are in fact nonexistent and therefore making the assertion untrue. When the documents are untrue and false the Court’s rubber stamp means that false representations and false documents will be considered as true when, without the legal presumption, that can never be proven.
I’d like to see an explanation from prosecutors for why they don’t prosecute the banks, their “witnesses” and their robosigners for filing false documents and recording them when that is exactly their complaint on the other side of the fence. Could the State be estopped from enforcing such laws when they are giving a free pass to the main culprits?