Robo-Signing Allegations Must Be Timely Raised in Foreclosure Case or They’re Waived

Robo-signingLast summer, in GMAC v. Coleff, the Eight District Court of Appeals decided another case involving robo-signing claims made by the borrower. Apart from providing a well written summary of the necessary elements of a Rule 60(B) motion, the decision reaffirms the proposition that claims suggesting that a lender relied on fabricated evidence to establish standing must be raised as a defense to the underlying foreclosure, and not in a Rule 60(B)(3) motion. Continue reading