Robo-signing is the practice of signing foreclosure documents — affidavits, assignments, and notices — without verifying their accuracy. This widespread fraud was exposed in the 2010 foreclosure crisis and remains a potent defense today. Learn how to identify robo-signed documents and use them to challenge foreclosure.
Get Free Case ReviewRobo-signing is the fraudulent practice of signing foreclosure documents — including affidavits, mortgage assignments, and notices — in bulk without verifying the information contained in them. "Robo-signers" were employees of major banks and mortgage servicing companies who signed thousands of documents per day without reading them, without personal knowledge of the facts, and often using titles they did not actually hold.
Robo-signed documents are legally defective because affidavits must be based on personal knowledge, and assignments must be executed by someone with actual authority. A robo-signed document is effectively a false sworn statement — which can be challenged as fraudulent, inadmissible, and grounds for dismissal.
Why It Matters for Your Case
If key documents in your foreclosure — such as the affidavit of indebtedness, mortgage assignment, or lost note affidavit — were robo-signed, they may be inadmissible as evidence. Without admissible evidence, the lender cannot prove its case. This can lead to dismissal or create significant settlement leverage.
Look for these red flags in your foreclosure documents:
| Red Flag | What to Look For | Why Suspicious |
|---|---|---|
| Signer with Multiple Titles | Same person signs as "Vice President" of multiple different banks | One person cannot simultaneously be an officer of unrelated entities |
| Known Robo-Signer Names | Signature matches names from DOJ/AG robo-signing settlement lists | Documented robo-signers whose signatures appear on millions of documents |
| Impossible Signing Dates | Assignment dated before the entity existed, or after foreclosure filing | Document was likely fabricated and backdated |
| Signatures Don't Match | Same name shows dramatically different signatures across documents | Suggests multiple people signing under same name — or forged signatures |
| Notary Irregularities | Notary date differs from signing date, or notary is out of state | Indicates notarization happened separately from signing |
In judicial foreclosure, the lender must file an affidavit attesting to the amount owed. If robo-signed, file a motion to strike — the affiant lacked personal knowledge. Without this affidavit, the lender cannot prove the debt amount.
Robo-signed assignments break the chain of title. If the assignment transferring the mortgage to the foreclosing entity was robo-signed, the foreclosing entity may lack standing. See: Chain of Title Guide
Robo-signing may constitute fraud, deceptive trade practices, or FDCPA violations. Assert counterclaims for damages based on the fraudulent documentation. See: Wrongful Foreclosure Guide
Serve a notice of deposition for the individual who signed the key documents. Robo-signers cannot testify credibly about documents they signed by the thousands without reading. Their testimony at deposition often collapses under questioning.
Our forensic loan audit examines every document in your case for robo-signing, fraudulent assignments, and defective affidavits. These defects can be the key to stopping your foreclosure.