A copy of the press release is available at:
A copy of the new Rules is available at: http://mdcourts.gov/rules/rodocs/ro166.pdf
In general, the Rules changes allow judges to screen affidavits filed in residential foreclosure cases, and if they have reason to believe that an affidavit may be invalid, enter an order directing the affiant, and where applicable, the notary, to appear before the court and establish that the affidavit is genuine, failing which the foreclosure action may be dismissed.
- For new cases, the affirmation must accompany the Request for Judicial Intervention
- In pending cases, the affirmation must be submitted with either the proposed order of reference or the proposed judgment of foreclosure
- In cases where a foreclosure judgment has been entered but the property has not yet been sold at auction, the affirmation must be submitted to the referee, and a copy filed with the court, no later than five business days before the scheduled auction.
Counsel remain under a continuing obligation to file an amended version of the affirmation if new facts emerge after the initial filing.
A copy of the Afirmation is available at: http://www.nycourts.gov/attorneys/foreclosures/Affirmation-Foreclosure.pdf
Ralph T. Wutscher
Kahrl Wutscher LLP
The Loop Center Building
105 W. Madison Street, Suite 2100
Chicago, Illinois 60602
Direct: (312) 551-9320
Fax: (866) 581-9302
Mobile: (312) 493-0874
NOTICE: We do not send unsolicited emails. If you received this email in error, or if you wish to be removed from our update distribution list, please simply reply to this email and state your intention. Thank you.
Our updates are available on the internet, in searchable format, at: http://updates.kw-llp.com
From: Ralph Wutscher [mailto:rwutscher@kw-llp.com]
Sent: Monday, October 11, 2010 7:16 PM
To: Ralph Wutscher
Cc: socaloffice@kw-llp.com; dcoffice@kw-llp.com; Chicago Office
Subject: FYI: Texas AG Identifies Suspect or Illegal "Robosigning" Activities
The Texas AG also requires the servicers to suspend all foreclosures, all sales of properties previously foreclosed upon, and all evictions of persons residing in previously foreclosed upon properties, until the servicers:
1. Identify all employees or agents who "robosigned," as described above, affidavits and other documents which were recorded in the State of Texas;
2. Identify all foreclosures in the State of Texas in connection with which an affidavit or other document with the characteristics listed above was used as part of the foreclosure process;
3. Describe the measures taken by the servicer to ensure that affidavits and other documents are executed in compliance with Texas law;
4. Describe the measures taken by the servicer to comply with the Servicemembers Civil Relief Act in connection with foreclosures;
5. Identify all other loan servicers and/or MERS for whom the above described employees or agents signed affidavits;
6. Provide assurances that all of the servicers foreclosures of properties in the State of Texas which relied upon documents with the characteristics described above will be rectified and the procedures by which they will be rectified;
7. Provide assurances that all future Texas foreclosures by the servicer will be done with legally correct documentation; and
8. Identify all employees or agents who are or who signed as officers of other non-related entities.
Ralph T. Wutscher
Kahrl Wutscher LLP
The Loop Center Building
105 W. Madison Street, Suite 2100
Chicago, Illinois 60602
Direct: (312) 551-9320
Fax: (866) 581-9302
Mobile: (312) 493-0874
NOTICE: We do not send unsolicited emails. If you received this email in error, or if you wish to be removed from our update distribution list, please simply reply to this email and state your intention. Thank you.
Our updates are available on the internet, in searchable format, at: http://updates.kw-llp.com
From: Ralph Wutscher [mailto:rwutscher@kahrlwutscherllp.com]
Sent: Friday, October 01, 2010 6:14 PM
To: Ralph Wutscher
Cc: socaloffice@kw-llp.com; dcoffice@kw-llp.com; Chicago Office
Subject: FYI: Senator Franken Requests Feds Prosecute Ally, Require Compensation to Borrowers
Each of your agencies has an important role to play in addressing this egregious situation and holding all appropriate actors fully accountable. As such, I respectfully request that you collaborate to conduct a thorough investigation into the alleged misconduct. As part of this investigation, it is crucial that Ally and its employees are held fully accountable for any criminal misconduct. Additionally, all homeowners who may have experienced illegitimate foreclosure sales, those who have been forced to defend against illegitimate foreclosure actions, and those who have been harmed must be identified. These individuals must receive proper restitution and compensation, as provided for under the law. It is also critical to confirm that no loans provided through the Federal Housing Administration or in conjunction with the Home Affordable Modification Program were associated with Ally's misconduct.
Unfortunately, concerns have been raised that Ally's practices are not an anomaly in this industry, and that these bad practices are used by numerous other companies as well. Therefore, I request that you report on the actions your agencies are taking (and plan to take) to improve oversight of mortgage servicers overall. In particular, please inform me of steps that you will take to ensure that similar misconduct is not currently occurring within other mortgage service companies and how future improper activity can best be prevented. This should include any measures that may be taken within the Home Affordable Modification Program and by the Federal Housing Administration.
Ralph T. Wutscher
Kahrl Wutscher LLP
The Loop Center Building
105 W. Madison Street, Suite 2100
Chicago, Illinois 60602
Direct: (312) 551-9320
Fax: (866) 581-9302
Mobile: (312) 493-0874
NOTICE: We do not send unsolicited emails. If you received this email in error, or if you wish to be removed from our update distribution list, please simply reply to this email and state your intention. Thank you.
Our updates are available on the internet, in searchable format, at: http://updates.kw-llp.com
From: Ralph Wutscher [mailto:rwutscher@kahrlwutscherllp.com]
Sent: Thursday, September 30, 2010 5:50 PM
To: rwutscher@kw-llp.com
Cc: socaloffice@kw-llp.com; dcoffice@kw-llp.com; Chicago Office
Subject: FYI: GMAC/Ally Affidavit Issue - Purported Deposition Transcripts
Ralph T. Wutscher
Kahrl Wutscher LLP
The Loop Center Building
105 W. Madison Street, Suite 2100
Chicago, Illinois 60602
Direct: (312) 551-9320
Fax: (866) 581-9302
Mobile: (312) 493-0874
NOTICE: We do not send unsolicited emails. If you received this email in error, or if you wish to be removed from our update distribution list, please simply reply to this email and state your intention. Thank you.
Our updates are available on the internet, in searchable format, at: http://updates.kw-llp.com
From: Ralph Wutscher [mailto:rwutscher@kahrlwutscherllp.com]
Sent: Thursday, September 30, 2010 3:58 PM
To: rwutscher@kw-llp.com
Cc: socaloffice@kw-llp.com; dcoffice@kw-llp.com; Chicago Office
Subject: FYI: Ohio Sec of State Refers Chase to DOJ for Allegedly Improper F/C Affidavits
http://www.sos.state.oh.us/SOS/PressReleases/2010/20100930.aspx
http://www.sos.state.oh.us/SOS/Upload/news/20100930-Full-Deposition.pdf
Ralph T. Wutscher
Kahrl Wutscher LLP
The Loop Center Building
105 W. Madison Street, Suite 2100
Chicago, Illinois 60602
Direct: (312) 551-9320
Fax: (866) 581-9302
Mobile: (312) 493-0874
NOTICE: We do not send unsolicited emails. If you received this email in error, or if you wish to be removed from our update distribution list, please simply reply to this email and state your intention. Thank you.
Our updates are available on the internet, in searchable format, at: http://updates.kw-llp.com
