Friday, January 14, 2011

New foreclosure mess: Faulty documents | PRI.ORG

New foreclosure mess: Faulty documents | PRI.ORG: "Judges are losing their patience for dealing with lawyers guilty of submitting false documents. 'Judges who are lawyers really care for the profession,' New York Times national legal correspondent John Schwartz told The Takeaway, 'and when they see other lawyers doing the wrong thing then they get really upset.'

There have been consequences for lawyers who present fabricated documents, Schwartz reports. One judge ordered that $20,000 be paid in fines and costs related to papers that he said contained numerous falsities. Some courts require lawyers to vouch for documents that they submit. 'New York State, for example, has demanded that lawyers sign a two-paged affirmation saying that 'I've checked with the bank that is putting these papers forward and what's inside is accurate,'' says Schwartz.

These actions have not been without controversy from the lawyers involved. Some complain that the regulations put too much responsibility on lawyers, and that it puts lawyers in charge of their client's crimes. There has been some debate about vouching for the documents, but, as it stands, lawyers in New York are required to submit the forms."

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