What is robo-signing?

Robo-signing refers to the rapid, high-volume execution of foreclosure documents by bank employees or loan servicers who sign affidavits and other legal papers without thoroughly reviewing the underlying loan files or verifying the accuracy of the information contained within them. The signer often lacks personal knowledge of the facts being sworn to and may not even understand the documents being executed.

This practice emerged widely during the post-2008 mortgage crisis, when foreclosure volumes overwhelmed servicers' processing capacity. Large financial institutions, including major mortgage servicers, developed assembly-line operations where employees would sign hundreds or thousands of documents daily without performing the due diligence required by law. Many signers did not verify borrower identities, confirm account balances, or confirm the chain of title.

Robo-signing matters significantly in foreclosure defense because it strikes at the creditor's standing and the case's foundational integrity. When a signer lacks personal knowledge or has not verified facts, the sworn statements may be false under penalty of perjury. Courts have questioned whether documents signed through robo-signing practices satisfy the requirements for proper affidavits and whether the foreclosing party has proven its right to foreclose. An attorney reviewing foreclosure litigation can identify potential robo-signing problems through discovery, depositions, and document examination. Foreclosure defense attorneys commonly use robo-signing deficiencies to challenge the validity of proceedings or settle cases favorably for borrowers.