Poor Form
I was trying to think of a wittier title, but then I thought that I should just channel the inner Englishman in me and came up with “Poor Form.” I feel it aptly applies to a recent foreclosure mess that could cost some lawyers a few penalties. The general surroundings of this particular foreclosure case are very common and standard, bank isn’t getting paid and wants to foreclose on the home. It is with the little details that gave the lawyers for the bank problems, details like who actually owned the note.
When the attorneys for the bank initially brought suit they did so with US Bank as the named plaintiff. The problem is that US Bank never owned the note, and to make matters worse the attorneys for the plaintiff then tried to fix things by naming the real mortgage holder, HSBC Bank as the plaintiff, but falsely claimed that it was the successor to the original holder US Bank.
You don’t have to be a lawyer to know that giving false information to a court isn’t a good idea, you could say that its frowned upon. You know frowned upon the same way that dumping your car in the middle of the Everglades, lighting it on fire and then claiming it was stolen so you can get the insurance money is frowned upon.
The judge on the case said that the whole mess could stem from just sloppy preparation, but that doesn’t mean that the attorneys will avoid fines. Additionally, this whole mess up doesn’t mean that the homeowners are off the hook either, because the real mortgage holder can still file suit. This situation does serve as an example of what can happen when these large firms take on thousands of cases.
The defendants attorney has taken a more cynical view of the situation claiming that, “this happens all the time in various forms.” He went on to say, “they will do whatever they have to do … without regard to the truthfulness of what they are filing.”
Who to believe in this matter is tricky, but the hard and fast rule is you don’t present false information to the court, and even if you didn’t mean to its still poor form. A link to the whole article is down below.
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