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Foreclosure Defense Florida

The Destruction of a Foreclosure Lawyer’s Faith in the Justice System

I cannot say such things, such comments are heresy and unbecoming. But I honor the courage of a fine and deeply committed lawyer who shows his honor by speaking out. I encourage everyone to please read carefully the important words of this attorney and consider the impact of his statement on the rights and the future for all of us:

If the courts can’t address clear instances of fraud and injustice, how can they protect our citizens?

It has been exactly 18 months since I deposed GMAC Mortgage‘s prolific document signer, Jeffrey Stephan, in a case where I was defending a Maine homeowner in foreclosure. Stephan admitted to signing 8,000 to 10,000 foreclosure documents a month (that is about one a minute, if you do the arithmetic), including summary judgment affidavits used by courts as the basis for entering foreclosure judgments. Stephan’s affidavits were sent by GMAC to courts all over the country. Obviously, and as Stephan admitted, he did not bother to read those affidavits. He also admitted that he had no idea as to whether the foreclosure affidavits that he signed were true. He didn’t even trouble himself to appear before a notary to be sworn, even though his affidavits said that he had done so. While Stephan admitted that he understood that judges were relying upon his affidavits to take away the homes of homeowners all over the country, he seemed serene and untroubled by his dishonesty in signing these false affidavits. (Conduct like this has since been awarded the slang term ” robo-signing,” but I never use it because it fails to adequately describe the dishonesty and deception involved.)

TOM COX

4 Comments

  • Alex Frias says:

    In many instances the mortgagee hires clerical companies to process the foreclosure documents.. and those required signatures are often automated.. sometimes even missing altogether or in the wrong field on the document.. Maybe that’s where the term “robo-signing” comes from. Curious if Jeff old boy worked directly for GMAC or one of these third parties..

    Don’t lose heart yet, we’re not even in the final phase..

    • Attorney Wendy Aliison Nora says:

      Jeffrey Stephan is an employee of GMAC Mortgage. Attorney Thomas Cox (ME) and ICE LEGAL (FL) took his depositions in 2009. Jeffrey Stephan’s actions (what he was told to do and trained to do at GMAC) may yet be a blessing to those with mortgages serviced by GMAC Mortgage, Residential Funding and other Ally subsidiaries. He was without guile when he testified truthfully to what he did. I have dismissed a racketeering case against him in exchange for his continuing truthful testimony about GMAC robosigning. It is those who created the system in which he was trained to do and told to do what he did who are the racketeers, in my opinion. At least that is what I decided at Easter, 2011 when I agreed to dismiss him from the racketeering suit in exchange for his continuing truthful testimony. Please pray for Jeffrey Stephan. There are other lawyers who do not honor Easter with the forgiveness of a scapegoat.

  • Liz Frey says:

    As Alex Frias said, don’t lose heart, the battle is not over. We need to have a large Rally in Tally, need to publicize it more so people are aware of what you are doing for them.

  • Attorney Wendy Aliison Nora says:

    Thomas Cox has saved more homes than he can yet imagine. I know his sorrow that the Maine Supreme Court did not do more, but the Bradbury decision is instructive in every jurisdiction and precedent in Maine.

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