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"Robo-Signing": A Symptom of the Shortcomings in Maryland's Policy of Expediting Foreclosure Proceedings

scholarworks.law.ubalt.edu | March 26, 2015

By Jacob L. White, University of Baltimore School of Law

The foreclosure process in the United States has recently ground to a halt. Unfortunately, this delay has not been brought on by gains in the depressed U.S. housing market. Instead, a backlog of foreclosure filings has amassed, which stand to further delay the recovery of the real estate market. The parties responsible for this backlog of foreclosures are mortgage servicers, who incurred governmental scrutiny after their robo-signing practices came to light. Robo-signing drew the national spotlight late last year, as officials from several mortgage servicing companies admitted to signing thousands of affidavits attesting to the accuracy of foreclosure documents without actual knowledge of their validity. In the wake of these revelations, federal and state agencies, attorneys general, state legislatures, state judiciaries, and lending institutions have all taken measures to ensure that proper procedures were being followed with regard to foreclosure filings. Nevertheless, the concern remains that the uncertainty surrounding servicers' robo-signing of foreclosure documents "will extend the current housing market woes into 2012 and beyond."

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