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Copyright (c) 2013 Cleveland State University
Cleveland State Law Review



Cleveland State Law Review

60 Clev. St. L. Rev. 867





Many of the national press investigations of misconduct in foreclosure litigation revolves around "robo-signing" or other bank or servicer fraud. 3 Nevertheless, emerging research regarding the foreclosure crisis is distinct from the Enron scandal, in which many commentators' first inquiry was "Where were the lawyers"? 4 Here, by contrast, most of the attention paid to ethically dubious work has been aimed directly at the employees of banks and servicers. 5

This Article attempts to answer the question of "where the lawyers were," during the robo-signing scandal and substantiates the fact that foreclosure lawyers were involved with their own questionable acts. Among a host of problematic practices, foreclosure attorneys have been cited for signing documents on behalf of servicers without having the authority to do so, 6 changing affidavits without knowledge of servicers, 7 filing a myriad of false or inappropriate claims in pleadings, 8 filing documents signed by attorneys who had already left the firm, 9 signing blank documents with information to be filled in later, 10 repeatedly missing hearings without notifying other parties or the court, 11 and ignoring notarization requirements. 12

Therefore, this Article seeks to fill the void in the scholarly literature by investigating misconduct by foreclosure attorneys and exploring the causes of such ethical lapses. Part II proceeds with a brief description of the foreclosure process and the attorney's role in foreclosure litigation. Part III presents some case studies of particularly notorious law firms, including law ...
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