NY Times’ David Streitfeld assembles a fascinating and historically important article "From This House, a National Foreclosure Freeze" NY Times October 15, 2010.
Retired banking lawyer Thomas A. Cox, working as a volunteer at Pine Tree Legal Assistance in Maine, launched a national firestorm which helped bring the terms "foreclosuregate" and "robosigners" to the common lexicon.
Mr. Cox, a retired volunteer legal aid attorney, begain working on Ms. Bradbury’sGMAC foreclosure file in the summer of 2009.
Mr. Streitfeld’s reporting is concise: "Mr. Cox voiced to a colleague that he would expose GMAC’s proces and its limited signing officer Jeffrey Stephan, but Mr. Cox wanted to take the questioning much further. In June, he got his chance. A few weeks later, he spelled out in a court filing what he had learned from the robo-signer: ‘When Stephan says in an affidavit that he has personal knowledge of the facts stated in his affidavits, he doesn’t. When he says that he has custody and control of the loan documents, he doesn’t. When he says that he is attaching a true and accurate copy of a note or a mortgage, he has no idea if that is so, because he does not lok at the exhibits. When he makes any other statement of fact, he has no idea if it is true. When the notary says that Stephan appeared before him or her, he didn’t.’… it was not a complete loss for GMAC – Judge Powers declined to find the lender in contempt – but nearly so."
The article by Mr. Streitfeld alleges that GMAC had been admonished in another legal battle in Florida some four years ago for having used "robosigners".
Mr. Cox’s legal savvy is to be commended. But frankly, doesn’t the entire "foreclosuregate" dispute really beg the question: that despite the allegedly flawed attestation of "robosigner" Jeffrey Stephan on GMAC’s behalf – why should Ms. Bradbury of Denmark, Maine, get to live for free? Don’t you have to pay your mortgage or rent? How much free housing will Ms. Bradbury receive because of Mr. Stephan’s "robosigner" position with GMAC?
There are easily two sides to this coin….
