Odd as it may sound, in foreclosures there is actually a term called "sewer service." Sewer service is when the plaintiff doesn't serve a defendant with a complaint, files a fraudulent affidavit of service (meaning they file the papers saying you were served) and then obtain judgment against you because you never showed up in court.
Well how in the world could you show up in court if you didn't even know there was a lawsuit pending against you?
That's the point. As we see in many fraudclosures, this is yet another tactic the banks are using to steal homes away from us.
There are a number of claims contained in this United States (federal) Court decision, including:
- FDCPA (Fair Debt Collection Practices Act)
- RICO (Racketeer Influenced and Corrupt Organizations Act)
- claims under New York General Business Law (GBL), and
- claims under New York Judiciary Law.
There are issues covered under "equitable tolling," which is discussed at length in this decision. Equitable tolling means there is a time limit (arguments are time-barred) from the time the fraud was discovered and the time a party can sue based on a fraud claim.
Also discussed is the Rooker-Feldman doctrine and the Noerr-Pennington doctrine.
This is a federal class action foreclosure fraud case, that is well worth reading.