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Schneiderman represents the effort of attorneys general all over the country who are conducting inquiries over the conduct of foreclosure proceedings and the many common people victims left over from the recession fallout. Over the last few months, errors have been found in foreclosure documentation across the nation, indicating a rush to get the paperwork done. Signatures and notary confirmations are fake. Baum's firm has processed over 50,000 foreclosure cases since 2007 and he has faced accusations of improper paperwork. Moral questions raise here to deal with issues of fairness and justice.
In defense of Bau would be the need for banks to recoup their losses from the mortgage crises in property assessments in any way they can. Another defense would be it is wrong for people to sign their names to mortgage contracts when they can't pay.
It would be interesting in this case to apply, for instance, John Rawl's veil of ignorance to a community of people in a natural state of existence, for example, who have no other considerations but their rational amount of self-interest. Each of these people has natural hopes and also recognizes each other's dignity and natural liberties. These people would be morally violated if they did not have natural rights to such things as home and individual and social welfare. It is doubtful that they would plan schemes to be accepted by all that places everyone in a situation of accepting a home that they could not afford if they did not have the required income. Anyone who promotes such a scheme, or even accepts a job to promote such a scheme would be without moral justice. The want of a home should have nothing to do with, or should not serve as the means for others to realize unfair profits. If the banks do not offer opportunities for mortgage modification then the banks are morally wrong as well. After leaving such a veil of ignorance once the community of people has decided the rules, they would probably accept one that allows reasonable profit that could be obtained from selling homes. But they would not accept the mechanism of continuously flipping the value of a home until it is overvalued through the transfer of greed and risk. Probably they wouldn't accept a rule that has inflated value through paperwork and greed and with more paperwork stick the overcharged price to the original owner when the value of the property has gone down in price because of the recession. They would regard a lawyer as morally wrong who seeks to shorten and disguise the documentation process for foreclosure without providing the people opportunity to have their mortgages modified. They would probably indict the system of justice that allows this.