First things first: you heard it here first. This story is not out in the mainstream press. When people say I am ahead of the curve, they aren't just making a veiled reference to my second job as a Victoria's Secret model.
I was also ahead in another way. In the words of pre-teens everywhere:
Told ya so
Told ya so
Told ya, told ya, told ya
Told ya so!
I have been fighting the firm of Fisher & Shapiro, in different corporate guises, for years. In fact, one of their attorneys lashed out at a homeowner in an impermissible way when I was a student working for a legal clinic. This led to my first opportunity to draft a complaint under the Fair Housing Act.
We succeeded in helping the client with the Fair Housing Act claim, and we are winning the foreclosure battle.
In an important victory for homeowners, the Circuit Court of Cook County, Illinois has issued General Administrative Order 2011-001. This Order finds that representatives of Fisher & Shapiro, a large foreclosure mill that processes thousands of foreclosure cases each year, falsified affidavits it submitted to the Court. Using these false affidavits, Fisher & Shapiro tricked the Court into entering unjustified orders and judgments depriving people of their homes. A common trick was to have a bank employee sign an affidavit. The lawyers would then detach the signature sheet, insert more "facts" (such as more money supposedly owed by the homeowner), then reattach the signature sheet without the knowledge of the affiant. This is a form of perjury, specifically, knowingly submitting perjured documents to the court, it violates the rules governing attorneys, and it wrongfully deprives people of their homes.
Under the Order, Fisher & Shapiro must turn in motions to vacate the orders and judgments it lied to obtain. This includes at least 1,700 cases; however, common sense says that the number of cases to which the attorneys admitted is the tip of the iceberg. The cases are on hold until the problem is resolved.
If you are a homeowner, this may cause a judgment previously entered against you to be vacated. Even if your foreclosure is not final, this may delay your case.
If you think you might be affected, take these steps:
1. Consult with a reputable attorney about your rights. Some unethical attorneys will be eager to take your money by pretending they are in some way responsible for this matter having come to light or that they can speed up the process of having your order vacated. See my first post ever on this blog for information about how to sort out the good from the bad in attorneys. I have a searchable list of those affected by this court order. My email is listed on this blog.
2. Beware of anyone too eager to sign you up for a class action. Some attorneys will do this without caring about your best interests. Class actions are a great way to vindicate consumers' rights, but some attorneys care more about their fee than the sum each person who was harmed should receive.
3. Consult with a HUD-Certified Housing Counseling Agency. You can find one at www.hud.gov These agencies provide FREE services.
4. Watch your mail for a court date and go to court on the appointed day. See my other blog posts for tips on what to do in court. Let the Judge know if you are interested in saving your home. Take documentation about what you have done, such as applying for a loan modification.
Not from Cook County? Contact me. Fisher & Shapiro is active all over Illinois. If you are not from Illinois, watch this space. Fisher & Shapiro have firms all over the country--all contain the word "Shapiro" except for one: Korde & Associates. It stands to reason that faulty affidavits have been filed in cases besides those identified in the current court order, and relief may be available.
