AG Bruning: Nebraska to Review Foreclosure Practices

AG Bruning: Nebraska to Review Foreclosure Practices

LINCOLN, NE – October 20, 2010 – (RealEstateRama) — Attorney General Jon Bruning today announced that as part of a coordinated national effort, Nebraska will review the practice of so-called “robo-signing” within the mortgage servicing industry.

“Every consumer deserves to be treated fairly and lawfully,” said Bruning. “This bipartisan effort will help determine the extent of the potential fraud and the effect it has had – in Nebraska and across the nation.”

The Mortgage Foreclosure Multistate Group, comprised of state attorneys general in 49 states, and state banking and mortgage regulators in 30 states, will explore whether individual mortgage servicers have improperly submitted documents in support of foreclosures. Specifically, the group will look into whether companies misrepresented on affidavits and other documents that they reviewed and verified supporting foreclosure documentation. The group will also attempt to determine whether companies also signed affidavits outside the presence of a notary public, along with other possible issues regarding servicing irregularities or abuses.

Submitting foreclosure documents without verification, with false representation, and/or signing certain legal documents outside the presence of a notary public may constitute deceptive acts and/or unfair practices, and may otherwise violate state laws and court rules.

The multistate group, through an executive committee, will contact a comprehensive list of individual mortgage servicers. The group’s initial objectives include:

Put an immediate stop to improper mortgage foreclosure practices. Review past and present practices by mortgage servicers subject to the inquiry. Evaluate potential remedies for past practices and to deter future improper practices. Establish a mechanism for more effective independent monitoring of future mortgage foreclosure practices.

The Mortgage Foreclosure Multistate Group will consult with federal regulators and agencies, including the Mortgage Fraud Working Group of the Financial Fraud Enforcement Task Force (FFETF), which was created in 2009.

Link to today’s release from the National Association of Attorneys General at: http://www.naag.org/joint-statement-of-the-mortgage-foreclosure-multistate-group.php.

Contact: Shannon L. Kingery
402.471.2067
Shannon.kingery (at) nebraska (dot) gov

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