50 States to Investigate Foreclosure Robo-Signers

by Jill Michaux, Esq.

October 13, 2010

Attorneys General and mortgage regulators from all 50 states are joining forces to investigate robo-signing of mortgage foreclosure documents and other defects in home mortgage foreclosures.

“We believe such a process may constitute a deceptive act and/or an unfair practice or otherwise violate state laws.”

Here is today’s statement by the National Association of Attorneys General:

It has recently come to light that a number of mortgage loan servicers have submitted affidavits or signed other documents in support of either a judicial or non-judicial foreclosure that appear to have procedural defects. In particular, it appears affidavits and other documents have been signed by persons who did not have personal knowledge of the facts asserted in the documents. In addition, it appears that many affidavits were signed outside of the presence of a notary public, contrary to state law. This process of signing documents without confirming their accuracy has come to be known as “robo-signing.” We believe such a process may constitute a deceptive act and/or an unfair practice or otherwise violate state laws.

In order to handle this issue in the most efficient and consistent manner possible, the states have formed a bi-partisan multistate group to address issues common to a large number of states. The group is comprised of both state Attorneys General and the state bank and mortgage regulators. Currently 49 state Attorneys General have joined this coordinated multistate effort. State bank and mortgage regulators are participating both individually and through their Multistate Mortgage Committee, which represents mortgage regulators from all 50 states. Through this process, the states will attempt to speak with one voice to the greatest extent possible. At the end of this statement is a list of the participating states.

Our multistate group has begun inquiring whether or not individual mortgage servicers have improperly submitted affidavits or other documents in support of foreclosures in our states. The facts uncovered in our review will dictate the scope of our inquiry. The Executive Committee is comprised of the following Attorneys General Offices: Arizona, California, Colorado, Connecticut, Florida, Illinois, Iowa, New York, North Carolina, Ohio, Texas, and Washington; and the following state banking regulators: Maryland Office of the Commissioner of Financial Regulation, New York State Banking Department, and the Pennsylvania Department of Banking.

Participating Attorneys General

Participating State Bank and Mortgage Regulators

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii Department of the Attorney General / Hawaii Office of Consumer Protection
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
  • Arizona Department of Financial Institutions
  • Arkansas Securities Department
  • Connecticut Department of Banking
  • D.C. Department of Insurance Securities and Banking
  • Florida Office of Financial Regulation
  • Idaho Department of Finance
  • Illinois Secretary of Financial and Professional Regulation
  • Indiana Department of Financial Institutions
  • Iowa Division of Banking
  • Kentucky Department of Financial Institutions
  • Louisiana Office of Financial Institutions
  • Maine Bureau of Consumer Credit Protection
  • Maine Bureau of Financial Institutions
  • Maryland Office of the Commissioner of Financial Regulation
  • Division of Banks, Commonwealth of Massachusetts
  • Michigan Office of Financial & Insurance Regulation
  • Minnesota Department of Commerce
  • Mississippi Department of Banking and Consumer Finance
  • Montana Division of Banking and Financial Institutions
  • Nebraska Department of Banking and Finance
  • Nevada Financial Institutions Division and Mortgage Lending Division
  • New Hampshire Banking Department
  • New Jersey Department of Banking & Insurance – Office of Consumer Finance
  • New York State Banking Department
  • North Carolina Commissioner of Banks
  • North Dakota Department of Financial Institutions
  • Ohio Division of Financial Institutions
  • Oregon Department of Consumer and Business Services – Division of Finance
  • and Corporate Securities
  • Pennsylvania Department of Banking
  • Rhode Island Department of Business Regulation – Division of Banking
  • South Carolina Department of Consumer Affairs
  • Tennessee Department of Financial Institutions
  • Texas Department of Banking
  • Texas Finance Commission and Consumer Credit Commissioner
  • Vermont Department of Banking, Insurance, Securities and Health Care Administration
  • Washington State Department of Financial Institutions
  • West Virginia Division of Banking
  • Wisconsin Department of Banking
  • Wyoming Division of Banking
  •  

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    Jill Michaux has helped Kansas consumers with debt problems for three decades. She and her partner, Mark Neis, are Topeka's only bankruptcy specialists, board certified in consumer bankruptcy law by the American Board of Certification. She help start the National Association of Consumer Bankruptcy Attorneys.

    Last modified: June 4, 2013