From the Article comes this quote:
"We are sending a signal to the financial industry that these mortgage
documents have meaning, they are legal documents and if you are going to
file them in the courthouses of this country then they had better be
honestly drafted," said Chris Koster, the Missouri attorney general.
"If citizens had filed these types of documents with a bank in an
attempt to get a loan, the banks would have filed criminal cases against
them," Mr. Koster said. "The mortgage servicing industry has to be held
to the same standard that the banks hold the rest of us to."
Truer statements could not be made. At BB&B we have been raising those very issues for five years with the courts. Simply, an entity may not used fraudulent documents as the basis to take someone's home. Yet, all too often this fraud is overlooked in an effort to protect creditors. But that is the point, if the documents are fraudulent, there is no evidence that the foreclosing entity is, in fact, the creditor.
Further, the rule of law must prevail over the inconvenience of a foreclosure that must be overturned, or denied prior to occurring. When the rule of law does not prevail, our system of justice is tainted.