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Foreclosure affidavits: Beware of robo-signing

Your foreclosure process will likely involve numerous affidavits. These are legal documents in which someone signs off on a specific set of facts. Foreclosure affidavits require the servicer of a mortgage to confirm that the foreclosure is valid and may move forward. The affidavits certify that the servicer has the legal right to foreclose and that the mortgage holder is in default.

Banks usually seek a summary judgment on a foreclosure, which means that the court rules in favor of the bank and certifies the foreclosure without a trial. The court will issue a summary judgment when the evidence is clear -- usually based on various affidavits and other evidence that the bank submits. The foreclosure affidavits will have information like payment history, amount owed, mortgage account status, default date and how far the mortgage holder is behind on payments.

Robo-signing could become an issue when the bank representative signs the affidavit. The bank representative is supposed to verify the truth of everything contained in each affidavit. However, because mortgage servicers handle so many mortgages and foreclosures, they often sign the affidavits so fast that they never actually check the documents.

Here's where a wise mortgage holder can delay, fight, and in some cases, stop his or her foreclosure process from proceeding -- by challenging the veracity of the robo-signed foreclosure affidavits. In some cases, when the affidavits are false, it can be of great use to the mortgage holder in fighting his or her foreclosure proceedings.

If you're facing foreclosure, be sure to review all the strategies available to you that can help you keep your home. A San Antonio real estate lawyer can help you get a better sense of what kind of foreclosure defense strategies may be appropriate given your circumstances.

Source: FindLaw, "Affidavits and Robo-signing," accessed Nov. 16, 2017

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