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You need a New Jersey Foreclosure Defense attorney to Forensically Investigate your Mortgage and Note to defend your foreclosure action in a timely manner.
As attorneys, we perform this investigation of every mortgage, note, and assignment as a standard part of any foreclosure defense that we undertake in New Jersey. We check every signature, title of employee and chain of title. DO NOT PAY a non-attorney to perform the legal work you need to protect your home. Non-attorneys are not allowed to protect your rights in court, and if you think you are saving money by hiring them, you are sadly mistaken. You are dealing with a con-man that is only interested in taking your money,
If the Bank that is attempting to bring a foreclosure action against you does not have the right to foreclose, then the case will be dismissed for lack of standing if this defense is raised early in the case. There are hundreds of cases where standing is raised too late to help the homeowner. New Jersey Courts treat both the lender and borrower the same when it comes to timely raising defenses. “In foreclosure matters, equity must be applied to plaintiffs as well as defendants.” If this defense is not raised early, New Jersey Foreclosure Courts will ignore the standing defense. The majority of Mortgages and Notes that are in court are valid. However, there are occasions when there are serious defects with the mortgage and the note.
Let’s take the case of Linda Green as an example of mortgage irregularity.
Between 2004 and 2009, the name, Linda Green was signed over two million on mortgage documents by dozens of employees at DocX, LLC. Linda Green’s name became one of the most well-known for“robo-signing.” To quote Wikipedia “Robo-signing” is a term used by consumer advocates to describe the robotic process of the mass production of false and forged execution of mortgage assignments, satisfactions, affidavits, and other legal documents related to mortgage foreclosures and legal matters being created by persons without knowledge of the facts being attested to. It also includes accusations of notary fraud wherein the notaries pre- and/or post-notarize the affidavits and signatures of so-called robo-signers.”
On April 13, 2011, a Consent Order was entered against Lender Processing Services, Inc., the parent company of DocX, LLC in a suit filed by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency and the Office of Thrift Supervision. See, FRB Docket Nos. 11-052-B-SC-1, 11-052-B-SC-2, 11-052-B-SC-3, FDIC-11-204b, OCC AA-EC-11-46, OTS DC-11-039. DocX was accused of executing mortgage documents without authority to execute such documents and executing Assignments of Mortgages knowing they contained inaccurate information. Once again in NJ if these claims are not raised early the case will be dismissed. see CITIBANK, N.A. v. KIEGEL
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