Monday, August 15, 2011

Washington AG: BofA Affililiate Conducted Foreclosure Auctions In Non-Public Places, Used Mechanically-Reproduced Robo-Signatures, Notarizations, Etc.

Among the recent charges in a 'faulty foreclosure' lawsuit recently brought by the Washington State Attorney General against foreclosure trustee and Bank of America affiliate, ReconTrust, are (at paragraph 5.7 of the lawsuit):

  • a) Failing to maintain a physical presence with telephone service at that address,

    b) Failing to identify the actual owner of the Promissory Note in the Notice of Default,

    c) Failing to obtain proof that the beneficiary is the owner of the promissory note secured by the deed of trust,

    d) Failing to clearly and conspicuously identify in the Notice of Trustee's Sale the defaults, other than non-payments, that entitle the beneficiary to foreclose and which may be cured by the borrower. Instead, ReconTrust Notices identify every possible default and demand those defaults be cured whether those defaults have actually occurred or not,

    e) Conducting foreclosure sales in non-public places such as the garage of a private office building and a hotel ballroom;

    f) Creating or using documents essential to a valid trustee's sale, or to a reconveyance of the deed of trust, that are improperly executed, notarized or sworn to, including:

    i) documents that were not signed in front of a notary,

    ii) documents that had both the signature and notarization applied mechanically while claiming that the signatory personally appeared before the notary,

    iii) using signatories who simultaneously claim to be officers of the beneficiary, of MERS, and of a servicer, all while actuallybeing employees of ReconTrust [ie. multiple corporate hat-wearing officers], and

    iv) executing documents without direct knowledge of the facts contained therein.

    g) Conducting joint prosecution and/or defense of legal claims with the beneficiary or its agent on matters related to its duty of good faith to the borrower.

For the lawsuit, see State of Washington v. ReconTrust Company, N.A. (King County Superior Court No. 11-2-26867-5).

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