Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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PB

 

 

May affect 90% of foreclosures: focus on Fidelity again. Fidelity National Information Systems, Inc. DBA Fidelity Foreclosure & Bankruptcy Solutions, Inc. HQ in Jacksonville, FL  and key office in Mendota Heights, MN.

 

BECAUSE OF FRAUD UPON THE COURT 90% OF ALL FORECLOSURES IN THE USA might be reversed. 

The mortgage companies or mortgage servicers hire Fidelity to foreclose and represent them in Federal Bankruptcy Court. Fidelity however is not a law firm and hires out, under written contract, law firms across the USA.  Mainly “foreclosure mill” law firms.  The law firms file the Complaint or Notice and the foreclosure begins, the firms follow it all the way through. The problem is Fidelity keeps hidden at all times from the Court, the Judge, the Defendant (you). More so they get paid illegal kickbacks from the law firms. It is a true criminal conspiracy see Federal law 18 USC 155.  It is also the taking of your property under the color of law 15 USC 1983. It is also a two tier, secret, billing system.  It is also payments to a non-attorney company. It is also a violation of the oath the opposing attorneys took. It is also a violation of attorney BAR ethics, the opposing attorneys are acting as Officers of the court too meaning more liability when they do wrong. If in Bankruptcy it is violation of Rule 2016. See the Federal case in Texas Case No. 03-44826-H4-13 for more details. Don’t forget all the state law violations, civil and criminal. Then, if in foreclosure in court now look at all the documents filed, check all the names to the addresses, do them make sense?  Is the bank name on the Complaint matching up with the address below it? Where and who are the court servicings being mailed to?  Carefully look at each sworn/signed statement filed by the opposing attorney – this is key too because then he/she committed perjury and also fraud upon the court if any of it is false.

 

Sidebar: As mentioned in a previous post demand the original note, not copies, not lost affidavits, the original. NOTE: always, always, always, sign papers with a blue pen. There are more and cases seen where forgery is coming to light. YES – your dear mortgage firm cutting and pasting false signatures on things.

 

Thus, what the opposing group was planned and intentional, illegal in the effort to take your property. Besides the things mentioned it is also fraud upon the court.  In many, if not all states, the statue of limitations does not apply here (or is extended a great deal of time of say up to 6 years, some even 10 years).  So even if years pass one can go back and sue for your home and/or damages. Fraud upon you can be limited to 1 year or 2 but on the court it can greatly extend the time.

 

Who’s affected?  If your loan was with:  WaMu, IndyMac, Wells Fargo, The Bank of New York, Deutsche Bank, Bank One, Long Beach Mortgage, HomEq Servicing, E*Trade Bank, Saxon, Federal National Mort., JP Morgan Chase Bank, Bank on E. 

(thanks to Mike Dillon for this list).

 

If in a new foreclosure case or in the middle of one make a motion showing this new evidence and stop them dead in their tracks.  If foreclosure already happened and your out of your house file a new independent action.  It is very difficult for Judges to overrule their decisions even if something new is shown to them but they will look at a new case  starting you out fresh.

 

But each state is different and one must look up the laws where you live.

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Digger
PB:

Your USC citations appear to be incorrect. Do you mean 42 USC 1985 and 42 USC 1983?
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PB,
 
Your right in your answers. For everyone skeptical on common law courts they are useful. I look forward to seeing what happens to the judge in my case. Even if I don't get him but get my case heard and they deal with him what do I care? Judges are protecting the lawyers and companies doing this everyday. It needs to stop!
 
WE THE PEOPLE have to TAKE CONTROL OF OUR COURTS TO GET PROPER JUDGEMENTS.
 
Then they should get theirs...While I don't know how things will turn out yet if things don't go the way I want I've tried...If they go the way I want I've succeeded where others have failed...I've fought this battle for over two years now because of being mislead by most attorneys...
 
This CRAPOLA takes alot out of a person...The MENTAL AND FINANCIAL MISHAPS shouldn't be TOLERATED, but SOME OF THE JUDGES are allowing it everyday! KNOWINGLY COMMITTING FRAUD AS WELL UPON THE COURT....
 
So it comes out that the one whose smart about using our judicial system can prevail. (HOPEFULLY) Maybe we should all contribute to checking the JUDGES and Trustees Personal Assets...maybe bank accounts or personal estate inspections for cash on hand for bribes accepted.
Here's some good links I found tonight...
 
http://www.answers.com/topic/common-law?cat=biz-fin&nr=1
 

Law made by judges through decisions in specific cases is known as the common law. These case-by-case decisions were used again and again in similar cases and thereby become customary, or common to all people living under the authority of the court of law. The common law used in the United States originated in England and was compiled in the 18th century by Sir William Blackstone in his Commentaries on the Law of England.

The English common law was taken by emigrants from the Old Country to the American colonies. After the American Revolution, English common law became the foundation of legal procedures in the United States of America. Today, the legal system in every American state, except Louisiana, is based on the Anglo-American common law. In Louisiana, once a French colony, certain French legal customs have been maintained. For instance, the word parish, derived from the French, is used instead of county to label administrative areas within the state.

Statutory law, the written law passed by a legislature, overrides the common law. Many statutes, however, are rooted in the common law tradition and are interpreted by judges according to this tradition.

There is no federal common law because the federal government functions on the basis of a written constitution, through which the people delegate power to the government. Federal judges, however, apply the common law to cases involving people from different states when there is no federal law that fits a particular case.

The U.S. Supreme Court's use of precedents in deciding cases is an example of the common law heritage. In its exercise of judicial review in particular cases, the Court sets precedents that apply to future cases. If a statute in a particular state is held unconstitutional, for example, this decision is applicable to similar statutes in all other states. The Supreme Court made this point strongly in Cooper v. Aaron (1958), in which the Court upheld the application of its decision in Brown v. Board of Education (1954), which concerned Kansas, to enforce an end to segregation of public schools in Arkansas.

See also Cooper v. Aaron; Precedents, judicial

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PB
Your right in the common law but nowadays the legal system refers to it as "case law". 

Furthermore - I'd suggest sending the Sheriff a NOTICE OF INTENT TO SUE
by certified mail if your in foreclosure now and have not yet been evicted. It is not per se to really sue the Sheriff but the intent is to get him to read the very detailed criminal actions, supported by the related Federal & State criminal statues, that you conveniently attached to the INTENT letter.
It is a chance that he sends it onto the State Attorney General and/or FBI or Department of Justice. Any party that is involved in taking your real property illegally is guilty of a crime. Read Federal codified laws 15 USC 1983, 18 USC 155 and state laws too.  You then preserve your right to sue the Sheriff because one must notify him ahead of the actual eviction, he must have knowledge that a crime was committed or he can claim "was just doing my job per the court order" and then he has no liablity.  But really again your trying to get the illegal actions by the mortgage company or servicer to light, into the white collar law enforcement so at least they have the info on what is happening across the nation. 

As always read your local state laws on this first. Sometimes there is a waiting period of where you send this notice and when you can actually sue.

PB
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My home was foreclosed in Jan. 08 by Deutsche Bank trustee for Long Beach Mortgage and my servicer was WAMU.  I tried for many many months to have them rewrite the loan to an amount our family could afford and they would only rewrite the loan to 10.9 percent and extend the length of the loan to cover our late payments.  Sorry but $3200 per month is a bit much for this self employed wood worker.  Had I known about fighting the foreclosure by asking them to produce the note I would have.  Also, since taking my home they also took my JOB, I have been self employed for over 20 years and my home was grandfathered for my business by the town because my grandfather, father also operated their business's out of this location and I have all documentation and liscences to prove it.  The home was always taxed as residential but because of the history of my family and work, we were always allowed to conduct business there. 

I have been unable to find work since the foreclosure, other than a day here and a day there as a helper to various contractors.   Thus I have no money for an attorney.

A little math puts things into light quite easily, because I lost not only my home but my livelyhood, at 50K per year and 20 plus left before retirement they have robbed me of well over $1,000,000.00!

Someone bought the house from the bank as no one would pay what they wanted at auction and I've been told they are closing on the home in Aug/Sept.

Can anyone tell me what forms I can file to slow this closing down and or try and have this foreclosure reversed? or sue for damages?

Its alittle difficult to keep up with all the legal termanology but I've been reading and trying to understand everything since this all began about 2 years ago.

Thank you for reading and thank you in advance for any help.

Rick
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Moose
Rick, of course this isn't legal advice, but there are states where there is something called a "right of redemption" that allows a mortgagor to redeem the property - BUT, that means paying the whole thing off. Since it may soon be owned by someone else, I think it's safe to say the right of redemption either didn't exist or it has expired.

It is quite possible that the procedural rules weren't followed in your foreclosure - many of them are simply ground through the sausage machine with all the others that people walked away from.

What a lot of people don't realize in the excitement of having foreclosures halted for procedural defects (standing to sue, ownership/production of the note) is that if the servicer is a real predator (or as in your case the borrower can't afford to make the payments), stopping the foreclosure is a temporary delay, not a solution to the underlying problem. The predators will keep coming and they'll do whatever is necessary to get the paperwork they need.

The problem is the courts see most foreclosure cases as mortgagors not being able to afford the loan, and in your situation they have you over a barrel because you've already told them that you couldn't afford the house. They would bludgeon you with that in court.

Getting the foreclosure voided would still leave you with the original debt. The court might make them pay your legal fees and reduce any costs they were awarded in the foreclosure process, but unless your attorney can craft a viable set of complaints for recovery of the damages you're alledging, you're right back in the same boat - in a house you can't afford.

If (and it's the really BIG IF) the statute of limitations hasn't run out and there are defects in the loan as well as the foreclosure, an attorney should be willing to take the case, but you'd need almost bulletproof documentation.

If nothing else, put every piece of paper you have in an organized set of files and spend an hour with someone at your local bar association's legal aid office.

Moose




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Moose, thanks for your insight once again,

Rick
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While I do NOT agree with all of PB's analysis, I DO agree that Fidelitiy's involvement in a foreclosure presents a wealth of additional defensive strategies and issues.

The primary indicator of Fidelity's involvement is the presence of one or more document that includes an authentication executed in Dakota County, Minnesota.  The offices of Fidelity -- FIS Foreclosure Solutions -- is in Mendota Heights, Dakota County, Minnesota.  The most common authenticated documents you will find in the pleadings are: (a) the mortgage assignment, (b) the affidavit of default or affidavit of merit.

In many cases, the plaintiff's attorney will WITHHOLD the assignment and affidavit of merit UNLESS and UNTIL a foreclosure is effectively OPPOSED.  That is the complaint will include a copy of the promissory note and a copy of the mortgage, but the assignment and the affidavit of merit will NOT accompany the complaint.

If the defendant FAILS TO ANSWER, the plaintiff then obtains a default judgment without EVER pleading the assignment OR the affidavit of default/merit.

When the defendant ANSWERS, the plaintiff will usually wait several months and then file a motion for summary judgment.  UNLESS the defendant contest's the plaintiff's jurisdiction by a plea to the jurisdiction or motion to dismiss, etc. (varies by state), the plaintiff will probably just file an affidavit of default/merit with the motion for summary judgment and continue to withhold the assignment.

IF standing is challenged, the plaintiff will very often belatedly plead the assignment, sometimes as a rebuttal to the summary judgment response.

Defendants need to SMOKE OUT the assignment and the affidavit of merit by means of effective answer, discovery and summary judgment response.

Most often, the defendant never realizes that FIdelity is involved or IF this involvement is discovered it is belatedly when the assignment and/or affidavit of merit is finally filed.  BE PROACTIVE and get some discovery under way! 
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Bill you made a good point, the execution of these documents gives MN jurisdiction in civil actions against them, many of the documents purported to have been executed in MN, were not! 
 
There are some lawyer groups that are now smoking this out,
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I am in foreclosure now with Saxon Mortgage. After reading alot of your posts I now see they also did not produce any original documentation. The copies they filed were from my original lender Fremont Investment & loan. What do I do? I cannot afford an attorney and do not know how to handle this. I live in Ohio. Any help would be greatly appreciated. 

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PB
Randy - you file a motion with the court asking for the other side to produce the original note. To file a motion properly suggest going to the courthouse, finding a similar case, then copying a motion, file it with the Judge/Court with your case number. The sooner the better. Put in it you found "fraud upon the court" and list the reason(s) why.

PB
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PB
Another thing to do is call the closest FBI office and the State Attorney General Office. Make an appointment, if they say fax them first do this but try and keep it to one page, focus on the criminal aspects, the fraud. Keep your emotions out of it. The fact is they don't care about them.

Peter
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i dont understand any of this.My house is in forclosure.we found out by someone telling us it was in the newspaper.then 2 days later got a letter in mail from a lawyer about it.We have 6 days left for the auction.My husband never recieved papers handed to him about this help me here please email me

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