THE NEW MORAL HAZARD (Robo-testifiers and the Myth of Trustworthy Bank Records) By: Thomas Erskine Ice

Posted October 25, 2013

The transformation of robo-signers into robo-testifiers.

The greatest threat to due process in foreclosure litigation since the days of robo-signing is at full tilt in courtrooms across the state.  While the nation was appalled at the discovery that financial institutions were regularly foreclosing on homes with summary judgment affidavits that were not based on personal knowledge, it has taken little notice of the fact that this same flippant disregard of the Rules of Evidence has simply moved into the courtroom.  The robo-signer of yesteryear has simply become a robo-testifier—a person who testifies live at trial about every aspect of the case, including recordkeeping practices about which they often admit to having no personal knowledge.

Need Help?