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Re:In China, the rich and powerful can hire body doubles to ... by beagle3 on Sunday August 05, 2012 @04:59PM (#4342636)
It does not, but in order to foreclose you state, under risk of perjury, that the details are right.

I've been following foreclosure stories for a while. The DAs are willfully asleep - hundreds of thousands of perjuries have been committed and documented, tens of thousands have been confirmed by the perjuring entity (as in this case), but the legal system is not interested in pursuing justice. Read Deninger's "The Market Ticker" or ZeroHedge for (almost daily) specific details.

Re:In China, the rich and powerful can hire body doubles to ... by tedunangst on Monday August 06, 2012 @04:23AM (#4344401)
Usually a perjury charge requires that you know the truth and tell a lie, knowingly and willingly. I'm not sure where negligence comes into it, but I think you'd have to prove WF knew their filings were wrong, as opposed to just careless. Also, it's rare to prosecute for perjury when the defendant volunteers the new version, as that would discourage past liars from ever coming forward with the truth.

In other news, I amended my tax return a few years ago. I do not generally refer to that event as the time I committed perjury.

Re:In China, the rich and powerful can hire body doubles to ... by beagle3 on Monday August 06, 2012 @09:44AM (#4345130)
> Usually a perjury charge requires that you know the truth and tell a lie, knowingly and willingly. I'm not sure where negligence comes into it, but I think you'd have to prove WF knew their filings were wrong, as opposed to just careless

Foreclosures are different, and for a good reason. One of the statements you make (similarly to DMCA takedowns) is something along the lines of "I have done my due diligence, and I assert under risk of perjury that the info contained below is correct."

If your bad foreclosure (or DMCA takedown) is taken to court, you should be able to prove that a mistake happened in spite of your due diligence.

Unlike amended taxes, or patent infringement, the results of an unjustified foreclosure might be fatal and essentially irrecoverable for the foreclosed party.

> Also, it's rare to prosecute for perjury when the defendant volunteers the new version, as that would discourage past liars from ever coming forward with the truth.

No truth was volunteered willingly here. They are challenged in court every day, and often shown to be fraudulent! After a lot of these, they went back to revise.

It is rare to prosecute when someone corrects themselves with a good excuse.

It is not rare to prosecute when someone admits perjury with no good explanation (and really, you should look into it, e.g. on Deninger's market ticker - the only explanation here is greed, which is not good enough). Unless you are a big bank.

> In other news, I amended my tax return a few years ago. I do not generally refer to that event as the time I committed perjury.

Perjury requires, as you stated, making a knowingly wrong statement. (Will does not enter the equation, only knowledge). If you knowingly filed a fraudulent tax return - then, yes, you have possibly committed perjury - but unless you are already on the IRS' sight, not much is likely to happen.

Re:In China, the rich and powerful can hire body doubles to ... by intended on Sunday August 05, 2012 @11:20PM (#4343560)
Afai can recall, only a few DAs are fighting - the DA of NY being one of them.

Usually the DA's office goes tooth and nail after offenders, so there must be a reason, I presume.

Re:In China, the rich and powerful can hire body doubles to ... by beagle3 on Monday August 06, 2012 @09:48AM (#4345150)
Of course there's a reason. Regulation is deeply captured http://en.wikipedia.org/wiki/Regulatory_capture (reading this article and all the examples in it, some of them very recent, will be an eye opener if you are not familiar with them. Or cause you to put an SEP field over the whole thing because it looks too crazy to be true)