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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While the MS Fraud Forum is a marvelous place to exchange information, EVERYONE who participates needs to TAKE CARE as to the precise details which they post.  There is some value to posting sufficient details to assit those who would like to HELP YOU.  But posting TOO MUCH DETAIL makes it possible to ascertain your IDENTITY.

Your STATE is possibly IMPORTANT in understanding your circumstances.  Your city, town or county is probably NOT necessary.  Understanding the ORDER OF MAGNITUDE of your original mortgage amount or mortgage balance may be helpful.  But hearing from you PRECISE AMOUNTS is NOT NECESSARY.  Identity or the mortgage originator and/or mortgage servicer is usually important, but if your mortgage originator is a very SMALL mortgage banking concern, even the identity of the originator might tend to identify you. 

The DATES of specific transactions are also usually UNIMPORTANT.  It is usually enough to say, the alleged mortgage indebtedness is asserted by the plaintiff to have been incurred in 2002.  We usually do NOT need to know the Month or the Date.

If specifics are necessary, communicate these through PRIVATE CHANNELS.

This Message Board is about MS Fraud.  If your problem is simply FINANCIAL DISTRESS, particularly if it is about a foreclosure induced by your financial distress, you need to be VERY GUARDED about the information you post here!

Financial distress is virtually NEVER a viable defense in either a judicial or non-judicial foreclosure action!  When it is PROVEN that the foreclosure has resulted from NON-PAYMENT and that non-payment arose from FINANCIAL DISTRESS, you have MADE THE PLAINTIFF's CASE FOR THEM!

Posting details about the nature and character of your financial distress is probably a very BAD IDEA.  While most foreclosure mills are TOO LAZY and TOO BUSY to mine this Message Board for data, I would be LOATH to push too out much detailed information that COULD BE USED AGAINST YOU into such a public forum.

This is NOT to say that there isn't valuable information within this Forum about mortgage foreclosure litigation, loan workouts or modification, sources of information, strategies, advice.  BUT PLEASE BE CAUTIOUS!

When posting information that might COMPROMISE YOUR CASE, use a pseudenym or handle.  AVOID making PRECISE statements.

We do NOT need to know that your mother-in-law had a particular surgical procedure.  We do NOT need to know that you lost your job as a taxidermist.  We do NOT need to know that your husband ran off with your spiritual advisor!

It is ENOUGH to know that you had some financial distress due to medical expenses or that your distress was due to unemployment or domestic breakup.  But even the NATURE of your distress is often unimportant.  It is enough to know that you had a hopefully NON-RECURRING financial setback or that you have financial distress that has seriously impaired your cash flow and now is precluding you from making your monthly payments. 

AVOID MAKING definitive statements that might constitute ADMISSIONS.  Don't tell me that you EXECUTED a promissory note, mortgage or deed of trust.  Tell me instead that the plaintiff ALLEGES that you executed the alleged promissory note or that the alleged mortgage contained a prepayment penalty.

Your communications on this message board are PUBLIC.  But even your communications via e-mail are NOT priviledged (except to and from your attorney) and are subject to discovery.  So STOP BARING YOUR HEART and the DETAILS of your circumstances either on this message board OR in e-mail messages.  Save those conversations for your spouse, your priest, your lawyer, and/or your psychologist.  If you MUST tell some one else, invite your best friend over and have a good cry!  Then EXCISE all of the specifics and focus on that information which is actually IMPORTANT to the question you have or the point you are trying to make.

There are a LOT of great participants who will respond to posts in this Forum.  Sketch out your basic problems.  Get some feedback.  Then take SPECIFICS OFFLINE.

In understanding WHAT should be kept PRIVATE and what it may be OK to reveal, also bear in mind that recorded instruments (deeds, mortgages, deeds of trust, assignments) and court pleadings are mostly PUBLIC RECORDS and are generally readily accessible.  Similarly discovery questions already SERVED and discovery responses are already known to the other side.  It is the NON-PUBLIC facts and facts NOT readily know to the other side that you need to be guarded about!

You can safely SEND copies of most of these public documents or even the discovery materials to others if there is a compelling reason to do so.  But even in sending them, take care as to how you characterize them (attached is a copy of the alleged promissory note).  Sending ADMISSIONS or DETAILS about your financial circumstances, the FACT of any delinquencies or defaults or the nature, character and extent of your financial distress is what is perilous.  Also, you need to be careful about sharing litigation strategy.

I do NOT mean to sound unsympathetic, but I do NOT come to this message board in lieu of reading novels.  When I want to hear the sordid details about your husband's affair with your spiritual advisor, I will watch daytime television.  I LIKE helping people and if my eyes glaze over before I can determine your situation, you won't be getting any help from me!

I want to close by pointing out that I was recently able to discern a person's identity given only that individual's first name, county and fact and timing of foreclosure.  That person was quite SURPRISED!  It took me less than five minutes and didn't cost a nickle.  The convenience of the Internet comes at some cost as to PRIVACY.  Please bear this in mind!
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William A. Roper, Jr.
I posted this caution to the Forum almost three years ago.  The perils associated with posting too much information are as daunting today.

I have been impressed that a number of Forum participants use one or more pseudenymns or screen names, are guarded about their location and other specifics about their loan.

If you are dealing with BAC Home Loan and you live in a large state with a lot of foreclosures (like Florida), you can probably safely reveal both of these facts.  But if you live in Delaware and are dealing with a smaller boutique servicer, original Lender or mortgage trust, you need to take far greater care.   Forum participants should exercise great caution in posting very many specific identifying details about their own cases, to include the identity of the particular trust claiming ownership of their mortgage.

This is especially true if the plaintiff has made a particularly grave blunder which could be exploited by a defendant through the use of effective litigation strategies.

If, for example, you notice that the plaintiff has made a particularly egregious mistake in an assignment forgery or in a perjured affidavit, if you TRUMPET that information at this site, you may very well telegraph the defect and give the plaintiff an opportunity to prematurely CORRECT this error.

Those who believe that courts are going to penalize the plaintiff for even egregious errors fail to appreciate the extent to which the courts in most places will continue to look the other way as to even the most egregious of frauds, as long as the plaintiff continues to lie and explain away the irregularities.  For this reason, when the plaintiff makes a blunder, very often the only way to capitalize on it is to use discovery or additional protracted court pleadings, motions and hearings as a means to draw the plaintiff into embracing, compounding and concealing the irregularity, rather than presenting the irregularity right away and giving the plaintiff an opportunity to explain the fraud by withdrawing and replacing the perjury, forgery or fabrication, identifying it merely as a paperwork error.

If you were playing poker and just drew the card you needed to complete an inside straight flush, if you feel impelled to excuse yourself from the table to announce your luck to your closest friends, this may signal the other players as to your winning hand.  You may then be disappointed in the winning pot.

Your success will be defined by how you play and bet your hand.  Play your cards a little closer to your vest and your chances of winning (or at least minimizing your losses) will be greatly enhanced.
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I hope I didn't post anything that identify-able(sp)!!!!!!!

But you are 1000% correct!

I recall a certain individual who lost a case several years ago because he posted a play by play of his strategy on a certain forum. Seriously.  It really did happen!!!

And I think they killed his turtle lol.................................

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Mike

When my case is done the whole thing is going online.  Maybe it will help other people.

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Troll

I am monitoring this site!

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t

This old thread should probably be revived from time to time!

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ka

These posts by Mr. Roper also discuss this theme:

 

http://ssgoldstar.websitetoolbox.com/post/show_single_post?pid=40795867&postcount=5

 

Within:

 

Proper Notice of Default Filing

http://ssgoldstar.websitetoolbox.com/post/Proper-Notice-of-Default-Filing-4682562

 

*

 

http://ssgoldstar.websitetoolbox.com/post/show_single_post?pid=1266297523&postcount=7

 

Within:

 

William A. Roper Jr

http://ssgoldstar.websitetoolbox.com/post/William-A.-Roper-Jr-4983779

 

 

*

 

http://ssgoldstar.websitetoolbox.com/post/show_single_post?pid=1269182890&postcount=10

 

Within:

 

Dave Krieger: Banks stepping up IT, monitoring forums.
http://ssgoldstar.websitetoolbox.com/post/Dave-Krieger-Banks-stepping-up-IT-monitoring-forums.-5367923

 

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Nancy
Mr. Roper posted this thread several years ago. I was reminded of this thread last night when sirrowan posted information about the oral argument of his Ohio appeals case today. Sirrowan asked others to comment about the briefing in his case and several did.

Ironically, Mr. Roper gave sirrowan the advice to beware of posting his details several years ago. Sirrowan even acknowledged that several years ago:

Quote:
I hope I didn't post anything that identify-able(sp)!!!!!!!

But you are 1000% correct!

I recall a certain individual who lost a case several years ago because he posted a play by play of his strategy on a certain forum. Seriously. It really did happen!!!

And I think they killed his turtle lol.................................


I guess sirrowan was drunk last night. Today, he learns that he is going to be homeless.

Despite trying to help sirrowan and cautioning him against unsound strategies, sirrowan continued to ignore Mr. Roper's wise counsel about foreclosure defense. And in a final indication of his contempt for Mr. Roper, sirrowan posted his case number in another thread last night and encouraged comments.

Then, when several posted very thoughtful and insightful comments, sirrowan had the site administrator remove the thread he had created, thereby completely wasting everybody's time.

There was a lot of valuable information posted in the thread last night that could have helped others avoid losing their homes. But all of that was deleted because sirrowan wanted to avoid the embarrassment that he had totally screwed up his case by using the vacuous scam tactics which have been proven over and over to be ineffective.

sirrowan will lose his appeal, but others might have avoided foreclosure by the information posted and now removed. Removing valuable posts is precisely why all of the valuable contributors left this message board, leaving mostly a few homeless blowhards. This is sad.
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Nancy wrote:
Mr. Roper posted this thread several years ago. I was reminded of this thread last night when sirrowan posted information about the oral argument of his Ohio appeals case today. Sirrowan asked others to comment about the briefing in his case and several did. Ironically, Mr. Roper gave sirrowan the advice to beware of posting his details several years ago. Sirrowan even acknowledged that several years ago:
Quote:
I hope I didn't post anything that identify-able(sp)!!!!!!! But you are 1000% correct! I recall a certain individual who lost a case several years ago because he posted a play by play of his strategy on a certain forum. Seriously. It really did happen!!! And I think they killed his turtle lol.................................
I guess sirrowan was drunk last night. Today, he learns that he is going to be homeless. Despite trying to help sirrowan and cautioning him against unsound strategies, sirrowan continued to ignore Mr. Roper's wise counsel about foreclosure defense. And in a final indication of his contempt for Mr. Roper, sirrowan posted his case number in another thread last night and encouraged comments. Then, when several posted very thoughtful and insightful comments, sirrowan had the site administrator remove the thread he had created, thereby completely wasting everybody's time. There was a lot of valuable information posted in the thread last night that could have helped others avoid losing their homes. But all of that was deleted because sirrowan wanted to avoid the embarrassment that he had totally screwed up his case by using the vacuous scam tactics which have been proven over and over to be ineffective. sirrowan will lose his appeal, but others might have avoided foreclosure by the information posted and now removed. Removing valuable posts is precisely why all of the valuable contributors left this message board, leaving mostly a few homeless blowhards. This is sad.


Nancy, you ASSume much.

Unlike you, I don't pretend to be an expert in foreclosure. I wasn't drunk last night. I'm a female. I was surprised to see my post gone as well.  I didn't request that anyone take it down.

It's people like you, Nancy, with your ASSumptions and rude conduct that make people not want to seek help here.

There will be no further comments from me on the subject, so if you want to beat it to death, as I'm sure you will, have fun!


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I lied. I will say that I don't know why you thought I was drunk, but I posted my last comments from my phone, which I am HORRIBLE at so perhaps that's where you came up with your ASSumption, Nancy.
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Boris
Quote:
I hope I didn't post anything that identify-able(sp)!!!!!!!

But you are 1000% correct!

I recall a certain individual who lost a case several years ago because he posted a play by play of his strategy on a certain forum. Seriously. It really did happen!!!

And I think they killed his turtle lol.................................


Quote:
I lied.

I thought sirrowan was telling the truth in his response to Mr. Roper.

But now he tells us "I lied." Why does sirrowan lie to us?

Quote:
I'm a female.


I guess sirrowan has gender identity issues.

Mr. Roper's caution against posting details was a good idea. Do not believe sirrowan that a borrower should post detailed identifying information.

Also, wouldn't it be better to use the strategies suggested by those who win their cases instead of strategies of losers like sirrowan?

Sirrowan was given a lot of good suggestions and advice from Forum seniors but just ignored all that advice so that he could argue the specious scam arguments. SIrrowan should be ashamed of himself!!
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Meat Head
Boris wrote:
Quote:
I hope I didn't post anything that identify-able(sp)!!!!!!! But you are 1000% correct! I recall a certain individual who lost a case several years ago because he posted a play by play of his strategy on a certain forum. Seriously. It really did happen!!! And I think they killed his turtle lol.................................
Quote:
I lied.
I thought sirrowan was telling the truth in his response to Mr. Roper. But now he tells us "I lied." Why does sirrowan lie to us?
Quote:
I'm a female.
I guess sirrowan has gender identity issues. Mr. Roper's caution against posting details was a good idea. Do not believe sirrowan that a borrower should post detailed identifying information. Also, wouldn't it be better to use the strategies suggested by those who win their cases instead of strategies of losers like sirrowan? Sirrowan was given a lot of good suggestions and advice from Forum seniors but just ignored all that advice so that he could argue the specious scam arguments. SIrrowan should be ashamed of himself!!


Please stop with the lectures.  No one appreciates it and no one follows you or Mr. Roper's advice.  Even if they did they wouldn't let you know because it might inflate your ego even more and it could be a safety issue. 
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Doug
Quote:
Please stop with the lectures. No one appreciates it and no one follows you or Mr. Roper's advice. Even if they did they wouldn't let you know because it might inflate your ego even more and it could be a safety issue.

I like that you have chosen an apt screen name for yourself. I can respect that, although your self-description is a bit overly flattering.

I do not know those who posted the recent comments and don't follow their posts. But a lot of us follow Mr. Roper's posts. His advice has allowed us to stay in our homes and some of us have even prevailed.
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Boris wrote:
Quote:
I hope I didn't post anything that identify-able(sp)!!!!!!! But you are 1000% correct! I recall a certain individual who lost a case several years ago because he posted a play by play of his strategy on a certain forum. Seriously. It really did happen!!! And I think they killed his turtle lol.................................
Quote:
I lied.
I thought sirrowan was telling the truth in his response to Mr. Roper. But now he tells us "I lied." Why does sirrowan lie to us?
Quote:
I'm a female.
I guess sirrowan has gender identity issues. Mr. Roper's caution against posting details was a good idea. Do not believe sirrowan that a borrower should post detailed identifying information. Also, wouldn't it be better to use the strategies suggested by those who win their cases instead of strategies of losers like sirrowan? Sirrowan was given a lot of good suggestions and advice from Forum seniors but just ignored all that advice so that he could argue the specious scam arguments. SIrrowan should be ashamed of himself!!


Boris, you are a turd.

Sirrowan was my favorite dog.  I do not have gender identity issues.

You cut and paste sections of my posts to suit your agenda.  Whatever. 

You are a moron........
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Heather
Quote:
Boris, you are a turd.

Sirrowan was my favorite dog. I do not have gender identity issues.

You cut and paste sections of my posts to suit your agenda. Whatever.

You are a moron........


Here you are back attacking the people at the Forum who tried to help you!

If you had read and followed the suggestions of Forum seniors, you might have been able to save your house.

Instead of attacking every body, why not tell us about the oral argument. How did it go and what did you learn?

Also, why do you let your dog use your computer to post to the Forum? Can your dog even type? I think maybe you are lying about who sirrowan really is! I think sirrowan is you! Do you expect us to believe that your dog has been navigating to this site (even with the help of a shortcut or favorite) and posting queries for the past four years? You sound really disturbed.

(I will admit that many of your posts seem to reflect the intelligence level of a canine which somewhat adds to the credibility of your assertions.)        
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Buzz
Quote:
Instead of attacking every body, why not tell us about the oral argument. How did it go and what did you learn?

Oral argument in the case PHH Mortgage v Heirs of Cox was actually rescheduled by agreed motion. The motion was dated the day before scheduled hearing and the order re-scheduling the hearing was entered the date of the hearing. This reflects particularly sloppy appellate practice by the parties, because this kind of motion a day before the matter was scheduled to be heard is very disruptive of the court's calendar. The new date for oral argument is September 17, 2013. (This is sirrowan's case, which she seems to be now claiming was being litigated by her favorite dog.)

The reason given for re-scheduling was that the parties were near a settlement.

If the Coxes can achieve any settlement to salvage any value out of the property, this would be the best possible outcome. If the matter proceeds to hearing and determination, they are pretty sure to lose on the merits for reasons discussed in a prior thread, now intemperately deleted by the site administrator as a courtesy to the scam artists.

This is an appeal before the Ohio Court of Appeals for the Second Appellate District, Case No. CA 025617.

Hopefully, next time sirrowan will check with her dog before posting further information about her case, though the dog really ought to have kept her informed! Also, putting your dog in charge of litigation probably makes the dog liable for criminal and civil prosecution for unauthorized practice of law, unless the dog is properly licensed(as an attorney; a dog license is not enough).
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