Facing foreclosure is one of the hardest things a homeowner can experience. However, you’d be surprised to know how callously banks and lenders initiate the foreclosure process. Case in point: the robo-signing fiasco.
Before a lender can file a foreclosure case, they must first submit an affidavit to Florida courts stating that they own the mortgage and that the borrower has been delinquent in paying it. Since an affidavit is signed under oath, however, the lender must perform due diligence prior to filing it.
This means that an employee of the lender or bank must personally scrutinize a person’s foreclosure documents to ascertain that he or she has indeed defaulted on the loan. Only after doing this can employees sign the affidavit, with their signature indicating due diligence was performed.
In 2010, though, it turned out that many affidavits were signed by employees without properly vouching them—hence the term “robo-signing.” In fact, it was even discovered that some of the signatories were temporary employees who barely understood what they were signing.
While the involved banks eventually entered a $25 billion dollar settlement with the government, this debacle proves just how underhanded mortgage lenders can be. If you’re facing a foreclosure case, be sure to hire a Florida defense attorney who can help you fight powerful but dishonest banks and lenders.
Weidner Law 
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