“Corrective” Assignments and Robo-Signers and Fake Floating Allonges

If I’ve seen one, I’ve seen a thousand, and believe me, it is not just GMAC.  Just take a look at the Maricopa County Recorders Office filing or foreclosure cases on PACER if you want to see some trumped up evidence (the federal judiciary has no trouble side stepping this, along with many of the well pled allegations of fact which are supposed to be taken as true, with the notable exception of some of the bankruptcy judges when they are in a good mood).   So much for the axiom that a creditor needs to show entitlement and ownership to enforce a claimed debt.  And that old gem about agents needing to name their principals?  Who cares?  Agents derive authority from the undisclosed principals, that’s fine.  And new employees of foreclosure mills can assign real property interests on behalf of numerous entities at the same time, how fun.  Centuries of black letter mortgage law?  Something about 1,000 years of bills & notes law?  Whatever.

Here’s a little reminder of one fun little anachronism:

ER 3.3.     Candor Toward the Tribunal

(a)     A lawyer shall not knowingly:

(1)     make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;

.   .   .   .

(b)     A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage in, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

(c)     The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by ER 1.6.


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