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.