
(photo: safari_vacation/flickr)
Now that the 49 State AG settlement has immunized manufacturing evidence, forgery and perjury, it’s going to be a lot tougher to be a judge. After all, how can you ever rule on a motion based upon affidavits and documentary evidence if it’s now OK to lie and to manufacture phony documents?
Will judges need to take courses in document forensics in order to rule on simple motions? Or will courts become even more clogged, because each affiant must be made to appear and confirm their own knowledge of the evidence in their affidavits or even that their own signature appears on the document? Will every motion now necessitate a mini trial?
This settlement corrupts the court system completely. That or it bogs it down to a point where the cost of litigation, no bargain to begin with, will become out of reach of all but the billionaires.
Think about it, if every bit of testimony on every matter, including pre-trial motions, must be had live and in court to avoid perjured and forged documents; the costs of litigation increases by orders of magnitude.
In that case, this settlement screws the banks themselves. Honest judges will no longer be able to accept their motions for Summary Judgment in foreclosure cases and will be forced to make the banks produce the affiants in court to testify from their own knowledge. Since these affiants are usually nowhere near the states where their affidavits are used, the travel costs alone will make the cost of foreclosing on an average house prohibitive.
No, I don’t think the formerly hold out AGs are playing eleventy dimensional chess. They sold out, got played, whatever. Yet most judges didn’t become judges because they wanted to deliberately mete out injustice. Most judges don’t want to give a verdict to a party that lacks standing. Most judges don’t want to see the judicial branch held in the same dismal light as Congress and many of the state legislatures.
Time and time again, when things have gone crazy in the legislative and/or executive branches, it has fallen to the judicial branch to set things back on course. We see that with judicial rejections of regulatory settlements that render the settling agency a joke and expose its corruption by regulatory capture. We see that with judges who force the affiants to come to court to testify from their own knowledge [those are the foreclosure cases that tend to get dismissed].
The alternative is for the judges to acquiesce to allowing forged and perjured documents in their courts. This creates its own momentum. If it’s OK to use forged and perjured documents in mortgage contract cases, then why not in other contract cases? Docx and LPS can expand their business model. If it’s OK in contract cases, what about other kinds of cases? How about opening up a new robo-signing operation to manufacture false business records to give criminal defendants alibis?
Instead of a lost promissory note affidavit as we currently have, how about a lost surveillance tape affidavit? It could say something along the lines of “at the time defendant is alleged to have committed the murder, our surveillance tapes show him to have been working the fry-o-lator at Y burger franchise in X city. That tape has been lost or taped over, but before that happened, the undersigned viewed that tape and can confirm the defendant’s alibi.”
There you go. Alibi affidavits on demand, courtesy of your lucrative robo-signing document mill. The possibilities are endless: forged wills, forged bills of sale, forged identity documents (ending the problem of undocumented immigrants). You name it, if it can be proven in court by affidavit or assignment or allonge, you can do it with phony documents.
Which makes me wonder, what was Shepard Farey THINKING? Why in the world would he plead guilty to manufacturing evidence, for Preet Bahara, no less, who goes around bellyaching about how hard it would be to prosecute these kinds of cases, when all he had to do was cite the DOJ lead role in immunizing manufactured evidence? Maybe he didn’t want to establish himself as a bank?
BTW, that last link takes you to a panel discussion at NYU Law School with Lanny Breuer, Neil Barofsky, Elliot Spitzer and Mary Jo White. It’s over an hour, but soooooo worth your time.
WAIT A MINUTE! I just thought of something, if it is now acceptable to use forged and perjurious documents in foreclosure cases, DOCX, LPS and the other document mills have a huge new market available to them with homeowners. If forged and backdated allonges and assignments are OK, so too should be forged Satisfactions of Mortgage. Once the homeowner obtains a forged SAT from a document mill and files it with the county clerk, in theory, shouldn’t their foreclosure case be dismissed?
I take it all back, those state AGs really did provide meaningful relief for homeowners, at least for homeowners willing to commit fraud on the court. Now to pry my tongue out of my cheek.



43 Comments

The judges will, for the most part, “acquiesce” …
The law protects the $status quo.
Were this not so,
…then money and “standing” would not “play” the “roles” that they, most obviously “play” in the American legal system.
I sincerely hope that I am wrong, Cynthia, however I have little reason and even less “evidence” to think otherwise.
Recall Dred Scott …
Consider the “personhood” of corporations, at the whim of a lowly clerk’s pen …
Think Citizens United …
That said, have you ANY evidence or reason to suggest that we, the people, might hope or have reason to, honestly, “believe” … otherwise?
If it is a question of “faith”, then justice will be delayed … for a very, very long time.
And justice, delayed … is justice ……
DW
As well, “pity” is not the word, that very first “term” which comes to mind, when I consider those who are judges for, while you may be correct that “most” judges wish to uphold the Rule of Law, actual experience, too often, suggests that some other “suasion” influences judicial decision-making.
“Acquiescence” to “authority”, be it to claims of “security” or to the earning power of the “highly placed”, for whom a felony “rap” would “damage” their “productive capacity”, apparently, takes precedence over killing, maiming and crippling, or merely dispossessing lesser beings …
Perhaps that will change?
My concern is simply, by what “means”, or through what “process” may we consider that such “change” shall be brought about, brought into being?
I am not cynical, the cynical ones are those who “game” the system, I am, merely, skeptical, and find myself to be so … with reason, from observation, and through experience.
DW
Come on, have some fun in the comment thread. Try to think od all the creative ways that robo signed documents could be used in court.
If it’s OK for banks, it stands to reason that it’s OK for everyone else, which is why Sheppard Farey is nuts to plead guilty.
Recommended. Not sure there’s anything to say in a comment…you covered it all very well.
Isn’t the going rate for legalized forgery $2000 per signature now?
DW, your skepticism is a touch too broad here. Believe me, I’ve run into my share of lazy, incompetent judges, as I’m sure Cynthia has. There are, of course, corrupt judges as well.
But there are also honest, hard-working, fair judges who do their best to discharge their duty.
And while your critique of standing may be simply to say that it has been misused, there is absolutely a place in the justice system for the concept. should I be able to interfere in your divorce, or your lawsuit against an insurance company for failure to pay your claim, say, when I don’t know you or any facts that have any bearing on your case? That’s what standing is basically about.
And yeah, Cynthia is using humor here to make her point. Good on her.
I swear, on my woeth to the Titstutincon that I shall, to the very best of my Handscockian de-signer, robo-actively, seek to fully engage in the pursuit of happenissymus, and deliberately strife weevil the peeple, by un-weevil peeple, for un-weevil purple-pusses, always, of course, elevating less un-weevil peeples over merely pedestrian weevil … in pursuit of banal and ubiquitous, if undesirable, endamikations that justify all by-means that perish on the shelf of sold-by dates, dicing and slicing, such law-clerks as dreaded Scotty can up beamer, and give me all your tired-ears countree men-tions … as mers-maids and mers-mensrhea may be required dove bee, buggung bunnies and elmer fraud and donalding duckies in such daffyness as seemly shall warrantless or more michael and other such obamanations as rulers of flaw may so require of meloo kingfor wardpoll ee-tics, whilst, all ways, banking on courting such judge mentalminds short of actual or verifiable distempers arising from property trails upon witchsome have defecticated most steagally, realizing that crimes of intended design may simple undermisstanding befall.
Okay, next caze, pleeze.
I am as robo as I’ll hever beet, judgink knot as camels stroll threw needle’s ayes and knowses tweak and not a cree chure was stirring ‘cuz this nifty little special purpose vehicle (spv) requires no lice sense to drive, and it has all these wunnerfull attach mints and bernanke reserves of 29 trillion cumulative all too-big-wheels drive and failsafe most. As too tully, well yer hon yer own, if ya got tear clytle.
Er.. sumthin lie cah that.
Now, lets go blow up sum fraud-frog, it’ll be a blesst.
;~DW
ALthough I am very thankful for Cynthia’s coverage, bravo indeed for all of it, I feel this piece is a bit idealistic and not realistic enough. Although that was proabbly on purpose.
“This settlement corrupts the court system completely”. WRONG!
The entire system was already corrupt. Florida’s “rocket docket” is a prime example. Pam Bondi is a prime example. Every state AG who signed onto the fraud to cover for the previous fraud, is an example. You notice all the lawyers and judges rising up and marching in the streets because the entire legal system is fraud now? Netiher did I. Because they know and they’re ok with it. They’re getting paid. THey are all prime examples.
And like anthing else in this country now, it’s OK if you are rich or powerful. Of course the lawyers and judges won’t let normal schmucks use fraud. In fact they don’t allow it right now. Only rich and powerful can. As they allow right now.
They own the judges. THe judges are 1%ers/1%er pawns. All the way to the Supremes. The few exceptions (and there really are only a few) only prove the rule. You notice the thunderous sound of all the “good” judges rising up and making statements to the news? No, all we hear are crickets. Because the judges are with them.
Notice all the judges upholding Occupy’s constitutional rights? Once more the few exceptions just prove the rule.
“Isn’t the going rate for legalized forgery $2000 per signature now?”
No, it’s much cheaper than that. It’s $2000 per filing.
And you, too, are being too cynical.
Among the few bright spots in this whole foreclosure debacle have been the judges who held the feet of the lenders and their attorneys to the fire.
Sure, it wasn’t all judges, and the rocket docket was a sterling example of the worst.
But please don’t ignore the facts that some judges did do it, and had a lot to do with putting the brakes on foreclosures in a number of jurisdictions.
Not enough, sure. But I, at least, am not a fan of the broad brush that ignores facts that don’t fit the broad-brushed picture.
Lighten up just a teensy bit and recognize that the entire justice system is not corrupt and all judges are niether dishonest nor incompetent. Really.
We just have a different perspective.
The few good judges and lawyers throwing their bodies in front of the bus so it will slow down as it heads of the cliffs have little to no effect against the vast majority of judges and lawyers pressing on the accelerator.
Broad strokes? Ya, maybe. But the bus is still speeding up.
There are very few instances where judges could make thunderous statments to the news and not be in line for an ethics violation. The place for them to make their statements is in the cases before them.
I while back, and I’m trying to get out the door so I don’t have time to look for the link, I did a piece about one of those Florida rocket docket judges who called the homeowners in to apologize and proceeded to rip the bank lawyer a new body cavity opening.
When they realize they’ve been duped, many are NOT HAPPY.
Sadly the bus is speeding up because the AGs just threw the judges under the bus.
Am I mixing too many metaphors here? Am I taking the bus thing too far?
Arg, you guys know what I mean.
Spot on. And if they don’t think that every attorney worth his bar is going to cite these precedents in other cases from now until the end of time, they’d better resign due to senility.
Oh yeah, recommended.
Why do you imagine that the state Attorneys General “signed on” to the $ettlement, Cynthia?
Many of them must have further “ambitions”, some of them may even wish to become judges.
Now, unless your tongue was firmly in cheek, do you imagine that those who are judges, currently, will forget being under the bus, letting bygones be, lightened-up, bygones?
Do not these AGs give the entire legal profession a black-eye and rub judges the almost completely “wrong” way … to boot?
DW
The courts do not dispense Justice, they dispense Law.
And I’m sure that like the bailout that lead to GM’s record quarterly profits, the decision to sidestep BOTH the law and justice will be lauded by many as a key contributor to “the recovery”
right up until the next crash…
Cynthia, with all due respect, 99% of all judges are as corrupt and crooked as a dog’s hind leg, not to mention being power-made egomaniacs. They are not interested in justice, only in not being overturned on appeal, and getting paid as much as possible, including everything they can scam under the table. If a judge tells you that the sun rises in the east, stay up all night and verify that yourself the next morning.
And some judges have robotongues, like the one from the Family Division who told a TV reporter who asked about potential problems during a County Courthouse union strike/shutdown: “Well, for one thing, the non-support checks can’t go out”.
Or dispense with the law looking forward and all that.
There is no justice in the US anymore. The DOJ can’t do its job so the AG’s won’t and neither will anyone else. It’s a big money hole of a lie and the victims are the citizen’s of this country.
Forged executive orders directing the assassination of top banksters and captive regulators by drone? Wheeeee!
I’ve long thought , along similar lines, of starting up a criminal law practice, and telling the judge with my first appearance for each defendant, that he did the crime but it was last month, so, let’s look forward, not backward, judge. Wheeee!
Yeah, what DW said. (What did DW said?)
OK, as Cynthia suggested — I am gonna have some fun!
With robo-signing, it is now possible in Texas to divorce your spouse — and they will never be the wiser!! Get the appropriate robo-signer and a notary who will attest to anything, and you have it all!
How cool is that?? ;-)
Uh-oh…sounds like some self-righteous egoist who doesn’t have a clue how the legal system works took some juvenile stand to the limit in a court proceeding and lost…
I thought of another one!
With robo-signing and notaries who will attest to anything, I can buy a piece of property (for giggles, let’s say 640 acres) out from under someone for pennies on the dollar! By filing the deed of record, it will do wonders for property values…If I don’t notify the original landowner of the transfer, he will continue to work the property and keep it in shape for FREE…that is, until he realizes he no longer owns the property.
Pennsylvania and Delaware have Prothonotaries, presumably a check against tort fraud.
It’s probably legal to put out a sign where you live: For Sale By Tenant.
Although admiral, they are the exceptions. Which is my point.
Generalizations, yes. But I feel it is accurate. THe bus is still speeding towards the cliff.
I will gladly and honestly admit my ignorance about the legal system and acquiece to your greater knowledge about such matters.
However, the idea that the AGs “threw” judges under the bus, … let’s just say I disagree. I can’t beleive that judges are this powerless.
However, as I said, you are the more knowledgeable about these matters, so maybe I’m wrong. But I can’t imagine it could be that simple and that judges are these impotent.
The bus is still speeding up towards that cliff. But if they can’t do anything, … then I guess they can’t.
It’s not the fall that’s going to hurt, it’s the landing. I hope all those judges are prepared.
FUCK YOU.
And P.S. Not even close about my background.
For every Anton Sirica or Jed Rakoff there are a thousand Posners and Lewis Powells.
I.be.am.a.robo.bot.judge.
What.I.say.I.said.
Do.you.have.a.question.???
This.is.in.ter.res.ting.ting.ting.
Dee.Dub.bull.you.
What’s Prothonotary? That’s a new vocabulary word for me. And how are they a check on tort fraud?
A most impressive sounding title, is it not?
Essentially, in PA, it means chief clerk of the court, an elected office, whose principle responsibility is to be present during all civil cases in the Court of Common Pleas and to record all procedures before the court.
DW
“principal”
edit would be, indeed, a grand option …
It did not really work out well for this woman in Limington, Maine (quelle surprise!) — but I commend her serious effort:
“PORTLAND, Maine [January 30, 2012] — A federal judge on Monday sentenced a Limington woman in U.S. District Court to two years of probation for forging her bank records in a thwarted effort to keep her home from being foreclosed upon.
U.S. District Judge D. Brock Hornby also ordered Mary L. Axelsen, 35, to pay a $500 fine.
Axelsen waived indictment in September and pleaded guilty to counterfeiting and-or forging securities. . . .
Axelsen fabricated more than $20,000 in checks drawn on her bank account and created fake bank statements to show the payments had been made when they had not, according to the prosecution. In an effort to keep the house from being sold in September 2005, the woman claimed that she had made 18 payments of $1,480 each toward the $145,800 mortgage on the house. . . .”
http://bangordailynews.com/2012/01/30/news/court/limington-woman-sentenced-to-probation-for-faking-mortgage-checks/?ref=relatedBox
Ah, you see, she like Shepard Farey made a crucial mistake. They did their own forgeries.
You have order up your forgeries from a document mill, then it’s evidently OK. You need professional to do it for you, I guess.
[Tongue still glued to cheek]
Something else. The $500 fine is likely a mandatory minimum. It’s seems like the judge was pretty sympathetic to the lady.
reading the article she was facing 10 years and $10k in fines, so her actual sentence was about as leniant as it could be.
Also, she pled guilty back in September when Schniederman and the other rebel AGs were still talking smack about doing real investigations and prosecutions.
Had she waited until now, she could argue that immunity should be spread around
Nice paraphrase of Truman’s “What the hell is a prothonotary?”
https://en.wikipedia.org/wiki/Prothonotary
Rcc’d, amusing, a but over my head in places but I gotta agree with the ‘it’s all crooked like Lombard Street’ crowd.
Bought and fully owned and operated by corporate fascism, each and ever erected and annointed offal top to bottom fed to city council.
Aside from that . . . I see NO hope for change for the better. It’s unsustainable and the 1% have the upper fist, till THEY fall from over reach as all empires do, the masses will continue to suffer more and more.
Lawyers and judges will be just fine, the rest of us, not so much. ;-)
Oh, n thanks to Suzann LLN Queen for facebookn this one, where I saw it . . . it’s worthy! *G*