How many Linda Greens are there? Lawyer alleges 'robo signing'

LACONIA — A local attorney has filed suit against an international mortgage company, claiming he is the victim of the bank's failure to review mortgage documents — "robo signing" — that are preventing him from renegotiating his mortgage.

Philip Bouilliard said he bought his Gilford home in February of 2004 using mortgage financing from Ameriquest Mortgage Company. His problems began in 2009 when he suffered congestive heart failure and fell behind on his mortgage.

At some point in time, Deutsche Bank National Trust Co. as trustee of the trust that held his mortgage with Ameriquest allegedly acquired his note as part of a packaged sale of asset-backed securities but cannot provide any documentation as to the actual transfer.

His request for an injunction against foreclosure states he submitted all requests for a mortgage restructuring or workout 30 times and yet continues to receive requests for documentation.

Included in the evidence he provided Judge James O'Neill of the Belknap County Superior Court, who granted him a temporary injunction as to the foreclosure sale, a copy of an alleged sales document signed by a "Tywanny Thomas" who along with Linda Green were alleged employees of DocX — a company named by CBS news magazine 60 Minutes as what Brouillard called a "known robo-signing company" that has since closed.

"Robo-signing" has become accepted slang for the practice many allege is used by mortgage companies whereby employees of subcontracted mortgage workout companies have numerous employees who sign the names of "Tywanny Thomas" and "Linda Green," among others, to legal documents without reviewing them.

The documents provided by Brouillard regarding the purported transfer of his mortgage are signed by "Thomas." Also is a signature space for "Linda Green" but there is no signature.

Because of this, Brouillard argued Deutsche Bank cannot legitimately prove it owns his mortgage and is in no legal position to take him to foreclosure.

O'Neill granted him a two-week injunction.

Belknap County Register of Deeds Barbara Luther said foreclosure fraud is an issue in Belknap County but is not a prevalent here as it has been in other states.

"We have seen 'Linda Green's' name signed by what appears to be different 'Linda Greens,'" Luther said.

She said the foreclosure rate remains at an historical high in Belknap County — there were 244 foreclosures in 2011 — and her office has fielded numerous inquiries about mortgage fraud but she said it's for the courts and not her office to determine who may have been victimized.