Rick Slorp alleges that BAC Home Loans Servicing, L.P. and its attorneys at Lerner Sampson & Rothfuss LLP (LSR) created and submitted multiple fake versions of his promissory note to use as evidence against him in a foreclosure lawsuit. The submissions of the presumed same, but clearly very different promissory notes into evidence altered the facts of this case and allegedly forced LSR to withdraw and file voluntary dismissal without finishing the lawsuit. Doucet & Associates Co., L.P.A. has been granted a hearing to resolve the issues related to the documents.
BAC originally filed foreclosure against Slorp in 2010. By law, the lender must have possession of the note on a mortgage when they file a foreclosure action. LSR allegedly created fake versions of the note and signed the documents as evidence to prove BAC was the holder of the note at the time the foreclosure was filed. One version of the note submitted by LSR contained an allonge, an additional piece of paper used to write endorsements on. By law an allonge has to be physically affixed to the note, like with a staple. BAC allegedly could not have been the true holder of the note when the foreclosure action was filed because the allonge was not physically affixed to the note.
Another version of the note submitted by LSR showed a transfer of mortgage from Countrywide Bank to BAC on July 9, 2010. Countrywide bank did not exist on July 9, 2010 and the document was knowingly signed by a LSR paralegal, Shellie Hill. Shellie Hill acknowledged Countrywide bank was no longer active before signing the document.
LSR working for BAC filed an Ohio Rule of Civil Procedure 41 voluntary dismissal before Shellie Hill was to testify at an evidentiary hearing.
BAC Home Loans Servicing, L.P. has since merged with Bank of America, N.A.
Please check back soon for an update from Doucet & Associates Co., L.P.A.