Texas
Attorney General Calls For Statewide Foreclosure Freeze
by
Joseph
Ernest October 5, 2010
Newscast
Media AUSTIN, TX -- On Monday, Texas
Attorney General Greg Abbott asked loan servicing companies
to suspend all foreclosure activities over concerns about the accuracy
of foreclosure documents.
In a letter sent to 27 companies that
service mortgage loans in Texas, Abbott's office demanded the immediate
suspension of foreclosures, selling foreclosed properties and evicting
people living in those properties.
The letter asks that companies
obey the moratorium at least through Oct. 15 - the deadline Abbott
established for companies to identify any employees who participated in
unlawful practices and assure the state that the targeted companies are
following Texas laws.
The attorney general's office is
investigating mortgage lenders to determine the "full harm Texas
homeowners have suffered," according to a letter signed by Paul D.
Carmona, the chief of the state consumer protection and public health
division.
"We will be pushing forward with our investigation and
inquiry," attorney general spokesman Jerry Strickland said. "This is in
the interest of homeowners who are feeling the effects of foreclosures."
Other
states are taking similar action. Maryland Gov. Martin O'Malley
supports a 60-day moratorium on foreclosures there. Delaware Attorney
General Beau Biden is calling on mortgage banks to suspend all pending
foreclosures until their policies are reviewed. And in Massachusetts,
Attorney General Martha Coakley said her office is investigating an
"apparent failure of major creditors to follow state foreclosure law."
The
Texas request comes after several companies, including Bank of America
Corp., suspended foreclosures following revelations of "robosigning," a
practice in which bank employees sign thousands of foreclosure documents
a month without verifying their accuracy or even reading them. Some of
the court documents have proven to contain inaccurate information or
improper notarizations or signatures.
In his letter, Carmona
described possible fraudulent practices by lenders, including signing
thousands of documents per months, often without reading them; signing
affidavits falsely claiming personal knowledge of facts or falsely
claiming the signing party reviewed attached documents; and notarizing
documents prior to their signing or when the signer was not present. Add
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