Miami"s foreclosure moratoriums have met yet another crisis. With the investigation still on, foreclosure defense attorneys and consumer advocates have alleged that in a number of foreclosure cases, process servers have filed questionable paperwork.
State examiners who are appointed for examining the foreclosure process include law firms which recently appointed robosigners to pace up the process of claims. These investigators are also viewing process servers and court documents.
The crisis mainly circles around the law firm allied individuals who have been hired for notifying the homeowners as to when their foreclosure cases shall be heard. Apparently, these individuals may have filed false documents.
As per the lawsuits filed in the court on the behalf of homeowners, some concerned individuals seem to have violated some of the guidelines of the process serving, which includes personal delivery of the paperwork and notifying homeowners about the
Miami foreclosure hearing in the court.
In addition, the robo-signer which refers to signing mass foreclosure documents without any review by the loan servicers have also led to a complicated state of affairs. This mass signing puts Miami foreclosure law firms and the lenders under the line of fire.
Recent
Miami foreclosure defense cases claim that property owners never receive the court"s summon and in some cases process servers never took the pains of locating them while some homeowners claim that these individuals lied to the court by filing false affidavits about the papers being delivered.
Once rare, bad service has now become a common affair in Miami foreclosure process. Speaking about false practices, Margery Golant, a foreclosure defense attorney said that while it is mandatory for the court summon to be received by an adult, it does not require to be given to the property owner himself. Since no verification is required and no documents have to be signed, opting for false practices becomes much easier.
As per the advocates defending homeowners, lenders and attorneys opted for wrong ways in order to clear the backlog of foreclosures quickly. The attorney General"s office has been constantly asking investigators about the loopholes in process serving. Four of the major law firms handling the foreclosure process have also been questioned about the fraudulent practices they engaged in.
