Thursday, April 07, 2011

Attorney Featured On '60 Minutes' Scores Foreclosure Dismissal On Own Home & Is 'Loaded For Bear' If Lender Re-Files Lawsuit

In West Palm Beach, Florida, The Palm Beach Post reports:

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  • An attorney for Deutche Bank declined to comment on whether the bank would refile the foreclosure case. However, if the bank does so, it will have to comply with new, court-ordered guidelines that require lenders to verify the truthfulness of the documents. Those rules were not in effect in 2008 when Deutsche Bank filed to foreclose on Szymoniak's home.
  • Szymoniak's attorney, Mark Cullen, said the ruling is good news, even if the bank refiles . In a new lawsuit the bank would be required to attach the note for the loan. Initially, the bank said it lost the note. Then the bank found the note. However, the date on the newly found document showed that Deutsche Bank did not acquire the loan until several months after it sued Szymoniak.
  • Other irregularities appeared as Szymoniak continued reviewing her documents, including an addendum, called an allonge, that appeared to have been cut and pasted together before being copied and a sworn affidavit signed by Linda Green, a prolific robo-signer. One of Green's co-workers appeared on 60 Minutes and said he also signed Green's name to notarized documents.

For the story, see Woman on '60 Minutes' has foreclosure dismissed.