Foreclosure Injunctive Relief and Criminal & Civil Robo-signing Prosecution

Foreclosure Injunctive Relief and Criminal & Civil Robo-signing Prosecution

The Issue

It has been revealed in federal bankruptcy courts as well as judicial foreclosure states’ courts that mortgage lenders and servicers engaged in the practice known as “robo-signing”. These lenders and servicers, failing to properly reposit or transfer deeds as well as having divided single deeds into multiple parts placing them into numerous investments and no longer having lawful proof of standing forged and contracted with others to forge deeds and other documents then recorded them in order to foreclose upon homes. This practice took place on boiler-room scale in numerous locations with large groups of people often signing a single name. If it were not for these courts that allowed the homeowner to challenge foreclosure untold more homes would have been unlawfully seized.

California is a non-judicial foreclosure state. Any lender or servicer can and has, unchallenged, seized homes through foreclosure. The fact that there is no judicial oversight of foreclosure in California allows lenders and servicers to seize homes unlawfully with complete impunity and there is no reason to believe that they have not seized upon this lack of judicial scrutiny as they have unlawfully attempted to seize homes in states where such scrutiny exists.

Robo-signing constitutes Forgery (CA Penal Code [CPC] Section 470), Entering a Forged Document into a Public Record (CPC 471), Grand Theft (CPC 487), Conspiracy (CPC 182) and would qualify under the "California Control of Profits of Organized Crime Act”(CPC 186) where-in the state can seize the proceeds from the sales of homes unlawfully foreclosed through criminal acts.

Therefore we, the People of the State of California, demand, without delay:

1) The California Attorney General not enter into ANY agreement where-in any mortgage lender, servicer, entity, agent, employee or person acting on behalf of same receive immunity from criminal or civil prosecution,
2) bring suit in the appropriate venue(s) to seek injunctive relief to prevent any further foreclosures until such time legislation is enacted that (a) requires proof of standing to established evidentiary standards to foreclose and (b) establishes mandatory impartial mediation be required before any foreclosure can take place,
3) initiate criminal investigations against any mortgage lender, servicer, entity, agent, employee or person acting on behalf of same against which a complaint of “robo-signing” has been made and upon finding of violation of any California Code prosecute any and all parties involved criminally, as well as seize any funds or other things of value unlawfully gained from criminal act(s), and
4) seek monetary damages on behalf of the People of the State of California against any mortgage lender, servicer, entity, agent, employee or person acting on behalf of same wherever applicable.

This petition had 62 supporters

The Issue

It has been revealed in federal bankruptcy courts as well as judicial foreclosure states’ courts that mortgage lenders and servicers engaged in the practice known as “robo-signing”. These lenders and servicers, failing to properly reposit or transfer deeds as well as having divided single deeds into multiple parts placing them into numerous investments and no longer having lawful proof of standing forged and contracted with others to forge deeds and other documents then recorded them in order to foreclose upon homes. This practice took place on boiler-room scale in numerous locations with large groups of people often signing a single name. If it were not for these courts that allowed the homeowner to challenge foreclosure untold more homes would have been unlawfully seized.

California is a non-judicial foreclosure state. Any lender or servicer can and has, unchallenged, seized homes through foreclosure. The fact that there is no judicial oversight of foreclosure in California allows lenders and servicers to seize homes unlawfully with complete impunity and there is no reason to believe that they have not seized upon this lack of judicial scrutiny as they have unlawfully attempted to seize homes in states where such scrutiny exists.

Robo-signing constitutes Forgery (CA Penal Code [CPC] Section 470), Entering a Forged Document into a Public Record (CPC 471), Grand Theft (CPC 487), Conspiracy (CPC 182) and would qualify under the "California Control of Profits of Organized Crime Act”(CPC 186) where-in the state can seize the proceeds from the sales of homes unlawfully foreclosed through criminal acts.

Therefore we, the People of the State of California, demand, without delay:

1) The California Attorney General not enter into ANY agreement where-in any mortgage lender, servicer, entity, agent, employee or person acting on behalf of same receive immunity from criminal or civil prosecution,
2) bring suit in the appropriate venue(s) to seek injunctive relief to prevent any further foreclosures until such time legislation is enacted that (a) requires proof of standing to established evidentiary standards to foreclose and (b) establishes mandatory impartial mediation be required before any foreclosure can take place,
3) initiate criminal investigations against any mortgage lender, servicer, entity, agent, employee or person acting on behalf of same against which a complaint of “robo-signing” has been made and upon finding of violation of any California Code prosecute any and all parties involved criminally, as well as seize any funds or other things of value unlawfully gained from criminal act(s), and
4) seek monetary damages on behalf of the People of the State of California against any mortgage lender, servicer, entity, agent, employee or person acting on behalf of same wherever applicable.

The Decision Makers

Kamala Harris
Kamala Harris
Attorney General

Petition Updates