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Attorneys general in 49 states confirm the beginning of a joint foreclosure probe into...
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Wednesday, October 13, 2010, 11:51 AM ETAttorneys general in 49 states confirm the beginning of a joint foreclosure probe into robo-signing, which "may constitute a deceptive act and/or an unfair practice or otherwise violate state laws." Alabama is the only state not participating. (foreclosures news)
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How about this: If a foreclosure is found to be totally in error (i.e. wrong person, not really behind in payments, etc.) then the bank should pay a penalty of $1,000,000 to the homeowner. Otherwise, don't stall the process and stretch out the damage to the whole country, just go along. Each person being foreclosed knows if they are being treated fairly or not. Robo-signing needs to be cleaned up, but it doesn't mean the foreclosure is wrong...
The 14th amendment to the Constitution prohibits depriving anyone of their property without due process.
When bankers go into a court of law and lie or present false documents, the courts accept their signed, sworn and notarized documents as proof. But in these cases, it is not proof-- it is lies. The bankers appear to have committed perjury in our courts to get possession of the properties.
The ends (removing a non-paying debtor from a house) do not justify the means (deliberately lying in court).
We will either be a nation of free people determined to abide by the rule of law, or we will allow some "special" citizens to lie in court because they cannot be bothered with all those technical details.
It appears that some bankers have engaged in massive criminal activity, with some document signers swearing to facts they could not possibly have known about the 10,000 + documents they were signing each month. Signatures were forged, notary signatures and seals applied by persons other than a lawful notary.
The law is clear. The AG's of every state need to let the subpoenas fly and convene Grand Juries. Let the chips fall where they may.
This whole lawyer-inspired "foreclosure-gate" and all the accompanying political piling on, is a representative example as to how we greet adversity, problems and challenges, in contrast to the rest of the world.
Imagine, if the Chile mine collapse and rescue had occurred here. Already, we'd have a Congressional investigation, the mine owners accused of felonies, and the rescued miners greeted by tort lawyers, amid news conferences filled acrimonious claims, and multi-billion-dollar lawsuits.
There, they pull together in national unity, teamwork, pride and celebration of their efforts to rise above the disaster. In America, the first and foremost item of importance is always to find somebody to blame.
Well....that's probably true. But, here's a rebuttal....
"Deserve's got nothing to do with it."
Clint Eastwood
Due process is the issue. If your bank is presenting fraudulent documents in a court of law, you are cheating people of their right to due process. Arguing that they "deserve" to lose their home does not address the issue.
What do bankers who lie in a court of law "deserve" ?
If the banks didn't want to get "foreclosed on" perhaps they should have kept paying their "doing documentation legally" mortgages.