As we reported last week, Massachusetts' attorney general is suing the top five U.S. banks, charging they foreclosed illegally on homes in the state and used deceptive loan servicing practices, including robo-signing.
In the video below, NBC News’ Lisa Myers meets with John O’Brien, register of deeds, in South Essex County, Mass., who says his department found 26,000 fraudulent mortgage documents following an investigation.
O’Brien say he is troubled that he can’t “look a constituent in the eye and tell them who owns their mortgage. That’s very sad.”
“(The banks) are filing fraudulent documents to take their homes away from them,” O’Brien said.


I can't believe this post isn't inundated with comments - it's HUGE that an official in any capacity is saying this out loud, with proof in his hands, therefore standing with full integrity. I suspect that the fight against foreclosure has just worn everyone out and they are no longer seeking or expecting any help or reprieve, or even justice.
To homeowners, the limbo and the emotional toll is HUGE- what CEO's say about caring about hteir customers is a lie and we've found that out to our harm. (How many homeowners were lured into looking into a modification and how did that turn out- not only for those who 'won' one, but those who were simply strung along?) A TOTAL SCAM meant to wipe us out!
I'd like to know how many of those documents contain referrences to MERS, a name on our foreclosure papers listed with the banks that apparently traded our mortgage one to another, along with 7 different named attorneys while we fought foreclosure (filed for a CH 13 bankruptcy to save our home not even knowing who legally held the note -apparently it means nothing to Colorado courts to show who has possession of the note). Strangely, after reading about a preliminary investigation into MERS - their name DISAPPEARED from the list of banks and holders and trustees and whatnot. After several attempts to force us into a CH 7 using words like 'demand', and months of fighting, we finally held sway.
But who, where, and how, do you find justice if there's no one you can rely on to discover the frauds committed against us? If you don't have knowledge of the laws of your state or they are lacking, and you are living paycheck to paycheck anyway- there is no recourse. The state attorneys who are investigating this seem also stuck in limbo.
I praise this county employee for speaking out: GOOD JOB! And I pray there is someone watching his back.
Well, folks . . . I propose that we nominate Mr. O'Brien for President! More power to him!
Gary in Arizona
Well said Laureli.
Now when the story says the mortgages are fraudulent, I wonder how else exactly besides the robosigning thing. More details please!
The BANKS, their LOBBYISTS and the POLICTICIANS that supported these big banks have DESTROYED THE USA. These vermin 5CUM should be put in jail and charged with either TREASON or CRIMES AGAINST HUMANITY. To fraudulently make documents and destroy families by uprooting them is despicable.
Being one of the lucky folks who has a house that is not worth anywhere near what I paid for it, I'd love to see this case prevail. I am not one of the people who bought a house more expensive than I could afford. In fact, I bought a house that was LESS than what I could afford. I had no special knowledge about the market-I just liked the house. But, hard on the heels of buying the house 2 things happened-the Great Recession, of course, and my husband left me for another woman. And he left the mortgage as well as other bills. I had sunk every cent we had received in wedding gifts, including 6500 from my mother, as well as all OUR overtime money (back when you could get such a thing) into the down payment so we would have a smaller monthly payment. The payment amounted to 20% of the purchase price. As far as I can tell, I did all the right things-didn't overspend, got the best rate available cause I had the credit rating, put down more than the minimum for a downpayment, paid all the closing expenses out of pocket instead of rolling them into the mortgage, insured it for the right amounts, etc. For all of that, I lost all of the equity I should have had plus more. The house went from being valued at $123,500 (the purchase price) to perhaps $95,000 on a really good day. My last appraisel was this past September.
Once my husband was gone I knew I'd never make the payment myself. I simply didn't earn enough so I tried to get a modification. I have NEVER been late, EVER. I was not in foreclosure. As far as the bank knew, everything was fine. I was trying to head off a problem before it became one. I didn't want to shirk my payment-all I wanted was a restructure so I could afford to keep the house while I changed careers since it was no longer fashionable to work in human services. I applied for and received school loans and borrowed enough that first semester to keep up my mortgage payment. I borrowed enough to cover the difference between what I could pay from my earnings (I was working full time as a nurse aide since a Master's in Psychology got me nowhere despite my experience working with learning challenged adults) and what the actual payment was. In the meantime, hubby left the state.
The bank refused to work with me. And they told me that since they now knew about the financial situation, if I missed a payment they would foreclose. I had to hire a lawyer with more borrowed money, who had to report them twice to the banking commission because they claimed they did not have "all the paperwork" even though the lawyer supplied proof that they did have it. In the end, which took a whole year more of borrowing more money on my student loan to continue making the payments, I "won" if you want to call it that, a rewrite of the mortgage like it was brand new for another 30 years despite my having paid on it for 3 years already, and a HUGE balloon payment due 30 years in the future, when the mortgage reaches its final payment.
So now I pay not only the mortgage but I will have about $8-10,000 added to my student loan that I can pay interest on as well. I have the house (got it in the divorce when he decided to "let" me have it) and I am grateful for that, I'm still in school working on being an RN, and my mom sold her house and moved in with me and is paying the difference on my mortgage so I don't have to borrow that any more. This was her "nestegg" and now she's spending it to keep us both going. I wonder many nights-when she's old enough to need help (she's 63) and she's spent it all on helping me, will I be able financially to return the favor? I pray every day I will be.
But how many others are not as fortunate as I have been? What was done here to the American people is a crime and those responsible, regardless of their position as banker, Wall Street trader, senator, congress-person or President ought to be soundly punished. And every chance I get-I'm out at the Occupy protests. Because at the heart of this I feel and I know I was cheated and my trust was betrayed. Just so the rich can get richer. BTW-my "banker" was Warren Buffet.
NAIL ALL THEM!!!!, including any Government Official that was remotely associated with FLEESING the public!!
Send them all to the GULAG!!
and these are the banks that are too big too fail???????????????????
these people got 8 trillion because they would have gone out of business...beware of the darkness!!!!!!
Not only are they signing fraudulent document in the process of foreclosing through the courts, they ignore in many cases of the UCC-1 filings ( Especially here in California) that were legally filed in the Real Estate records of the secretary of State, and tell the title company that the title is clear of all liens when in fact the UCC-1 are still on file there. Total fraud!
And yet, we still have posters who will jump all over you and say how dare you sign on for a house you can't afford, it's all your fault because you wanted a house that was beyond your means...I've seen those posts constantly since the mortgage crisis...we blame all the people, point fingers and tell them they are too greedy...omg...all the while, our banks got the original money, they screwed the taxpayer citizens in the huge bail out, then got trillions of hush money under the table, then gave huge bonuses to the same people who lost all of the money bundling up your mortagage and selling it not once, but so many times that no one can figure out who owns it...what a tangled web of deceptive practices on the part of money lenders, but still no relief for the home owners. I would imagine that Satines story above is very similar to the others who were "lucky" to get some redo's...very few people have had that opportunity, and it doesn't sound like it's a good one if there's a huge balloon payment due at the end of 30 yrs!!! Satine, I would have walked away from that house before I sank another cent into it, but I can easily see why you didn't after putting all of your money in the down payment...but darlin, you did not get a good deal! You probably should have moved into your mom's paid for house and let the bank have your place from the way it looks here...of course it's easy to give armchair advice while sitting at the typewriter. The whole situation is sickening and saddening...and yet we still have people who are no better off than you who will vote for the same people who put us into this horrendous mess...the republicans...remember? This ALL happened on Bush and Cheney's watch folks, whether you want to believe it or not...it did!!! So for those of you about to vote for Romney, Gingrich, or one of the other clowns, go right ahead, voting is your right, but can you at least pull your head out of your sandpile and look at all this realistically before you vote???? Please????
I know I didn't get a good deal-I just got what I could get. I thought about leaving the house-just packing up and going back to my mom but I guess pride wouldn't let me-that and I was taught to pay my bills just like my parents and their parents did. I accepted the responsibility when I bought the house and I intend to see it through to where ever it goes. It's just really my mom I worry about now.
And have no fear-I will NEVER vote for a Republican or a Democrat ever again. I see no point-one lies and the other swears to it.
Being one of the lucky folks that bought a house after its supposed value had plummeted, I think that people were greedy. They were told by builders and realtors that their home values would continue to rise at the unbelievable rates they did forever. It was easy to see that folly. They were building more homes than were needed (at least after the homes were built) and existing homes were getting unreal prices. Then you add in the liar loans where you did not have to back up your income with a paper trail. The price crash was the only thing that could have happened. Those of us that were not greedy did alright as did the banks that didn't take liar loans. As for me, I sold my house just after the peak and rented for a couple of years then bought a house recently for almost half of what it was built for.
Banks should know more about mortgages than the customers, yes? If they demonstrate malfeasance, punish appropriately! Someone else will buy their debts when they are gone - no company is irreplaceable.
Businesses give that PR, touchy-feely, good neighbor song&dance, but they are about profit; as ruthless as sharks. It is up to us, citizens, to make the rules - they'll play to win no matter what the game.
If they could only look into the Fraudulent Activity that is playing out in Monroe Countys, Pa Forecloser Issues.Someone is getting a kickback.