A new complicated robo-signing method: Notice of Default

Written by Biloxi


This new method of robo-signing could complicate judicial and non-judicial states. A notice of Default is the first letter that the mortgage servicer or lender sends to the homeowner who has fallen behind on payments. And every Notice of Default has a signature. We are now introduced to Notice of Default robo-signing. Like the robo-signing cases of rubberstamping affidavits, default notices are signed by employees who didn't verify the information in them.

In a lawsuit against Wells Fargo & Co. in Nevada, Stanley Silva, a title officer at Ticor Title of Nevada Inc.,  who signed default notices, had admitted in a deposition this month that he did not review any documents or know who had the right to foreclose.


Robert Hager, an attorney with the Reno, Nev., law firm Hager & Hearne who is representing borrower Joseph and Meisa Jones in the case, said, “They are starting foreclosures on behalf of companies with no authority to foreclose. The policy of these companies is to just have a signer execute a notice of default starting foreclosure without any documentation to determine whether they are starting an illegal foreclosure.”




In the deposition of Stanley Silva, he said that he “technically signed” default notices for clients, which were often acting as agents of other parties, which in turn worked for others. Silva said under oath that he never reviewed any documents or knew what company was the holder of the original note at the time he signed the notice of default. When asked by Mr. Hager if he signed notices of default “without verifying the accuracy of the information,” Silva replied: “Correct.



Here is the full deposition of Stanley Silva. Click here. 


This new method of robo-signing in a different context could be very bad for the banks if more notice of default robo-signing appears in other states.