The article does not get my quote exactly correct….the point that I find so troubling about this whole story is how many cases I have…right in my office…that involve very real..AND PROVEN OR ADMITTED evidence of document tampering or fraud.
But the banks still get away with foreclosure.
There is no outrage on the part of trial courts or on the part of appellate courts.
Hell, the great weight behind the National Mortgage Settlement were the allegations of document forgery, fraud or irregularities.
But here is the current story:
The video shows a man in a long-sleeve white shirt and dark slacks removing what appears to be an object that looks like an ink stamp from an expandable folder and stamping a page in a court file. The man then returns the object to the folder.
Bayview attorneys say the file is the same one containing a promissory note that originally had a “blank endorsement” — meaning anyone could sign it — but that later bore a stamp with the words “Bank of New York, trustee.” At a hearing this year, Kalogianis used the stamped words as evidence that only Bank of New York had the right to foreclose on his client, not the company that initiated the foreclosure action.
In its motion, Bayview asks the judge to enter a default judgment in its favor and order Kalogianis to pay its attorney fees. “The alteration of the original promissory note in the . . . case is nothing if not the sort of egregious misconduct that epitomizes fraud on the court,” the motion says.
St. Petersburg lawyer Matt Weidner, who has represented hundreds of delinquent borrowers, said the allegations against Kalogianis are “certainly quite troubling.” But, he noted, the promissory notes with blank fields that Kaloginias is accused of altering could also be altered by attorneys representing banks.
“What this illustrates is the reckless nature of all these documents and how even a thief could endorse them,” he said
