July 18, 2012 Articles

Affidavit Evidence: Heightened Scrutiny Due to Robo-Signing

Statements in an affidavit must be truthful, but it is equally important that the procedural aspects of obtaining affidavit evidence ensure its reliability and admissibility.

By Rose Marie L. Fiore

Affidavit evidence has come under attack recently due to robo-signing allegations in mortgage-foreclosure lawsuits. In late 2010, the media hit the airwaves with stories of robo-signed affidavits after a representative of a foreclosing party estimated during a deposition that he signed approximately 10,000 affidavits in a month. The media dubbed him a robo-signer, and the derogatory nickname won the attention of state attorneys general and courts around the country. Although mortgage-loan servicers seem to have adjusted their practices to account for the increased volume of foreclosures that led to individuals signing numerous affidavits, the scandal portrayed by the media has caused increased scrutiny of affidavit evidence not only in foreclosure cases, but also in other types of cases.

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