CHARLOTTE, N.C. -- The housing market collapse created millions of foreclosures and lawsuits.
On behalf of homeowners, a North Carolina public official s is holding 29 banks responsible for the mess he says they have created in his office.
“I don’t wish this on anybody, I don’t wish any other family to go through this," she said.
Andrea bought her house back in 2006 with very little down, and after financial troubles that relate back to a PMI issue and eventually a bankruptcy, she lost it in foreclosure.
Part of Andrea’s seven year long fight to keep her house, is trying to figure out who really owns her house or her note.
"These are public documents that are used in a court of law, and they ought to be done right," Thigpen said.
"Public recording offices are foundational to our democracy," Thigpen said. "I don’t want to be in a position to be the document police, but at the same time, I don’t want to be a warehouse of stolen property.”
Thigpen’s lawsuit against giants like Bank of America and Wells Fargo, demands that they “clean up the mess they created in Guilford County’s public property records” and, it wants to hold them accountable for their “unfair and deceptive trade practices.”
For example, the suit claims (page 30 section 89) the name Christie Baldwin is a robo-signer, as her name appears on almost 900 documents filed but looking at the signatures, each one is completely different.
In other foreclosure cases, some of the official stamps are undated and smeared, yet banks are going to court and using these documents to foreclose and take homes.
For example, one document is signed and dated November 30, 2007 in Iredell County, but the notary, who by law witnessed the signature, dated and stamped the document three days later on November 3 in Virginia.
A notary is supposed to stamp the document at the time the person signs it, that’s the point of having it notarized. And, an audit of Andrea’s loan likewise shows electronic robo-signers being used in the official paperwork.
Do you feel abandoned?
“I feel betrayed, it makes me question what America is, and I’m having a really hard time understanding why," she said.
Andrea’s having a hard time because the audit of her mortgage gives her information that contradicts public records and it has been is an endless tale of frustration and paperwork for her.
“I chose to fight on numbers, but I should have been fighting the banks and lenders on procedure,” she said.
The lenders named as defendants have filed a motion to dismiss but the Judge has not ruled on that motion yet.
Bank of America declined to comment on the suit and Wells Fargo said they are waiting for the judge to rule on the motion to dismiss.
You can read Thigpen’s lawsuit at http://www.restorepublicrecords.com/litigation-documents.