Robo signing is when the signor of an affidavit swears what is in the affidavit is true without reading or having personal knowledge of what they are signing (also not reading the affidavit). We have all read for over one year how this practice has been rampant in the foreclosure world. Apparently this practice is also true in debt collection cases. More often when a debt is not paid, it is sold to a debt buyer for a fraction of the debt’s face value. The business model for the debt buyer apparently does not include satisfying the legal requirement of also obtaining personal knowledge of the debts' history so they can file and win a collection case. Word to consumers – challenge the affidavit.
Just to bolster the suggestion in this post to challenge the affidavit, there have been a number of cases in the Massachusetts district court system, where creditors have repossessed cars and trucks, without the proper signatures on affidavits. As a result, the court has sanctioned the creditors and ordered the return of unlawfully seized property stemming from credit card collection actions.
Posted by: Michael Goldstein (@ConsumdebtRadio) | November 11, 2011 at 10:33 AM