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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There was a very nice piece on Mortgage Servicing Abuse on ABC News' Nightline program TONIGHT.

The program featured our own Mike DILLON, NC Attorney Max GARDNER and Professor Katherine PORTER! 

Take a look:

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Although this is a great article, please note that I have referred MANY people to Max Gardner's graduates around the United States.
When it comes time for these, "Graduates" to respond to those who have contacted them, they either ignore them, or tell them that that they cannot help them.

Do these, "graduates" simply wish to have Max Gardner's name on their padded resumes?

I cannot say, but I would be interested in hearing from someone, ANYONE, that Max, or his, "Graduates" have truly helped.

Please post your comments here, as msf victims truly need your help.

Ann Holden

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I have noticed that also Ann, and have heard the same story from victims that have tried to contact them.
I think Max should train his lawyers to at least contact those that attempt to reach out for help.
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Still Fighting
I also contacted Max Gardner, he has not been able to give me the name of an attorney who can look over my stuff.
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I have communicated and spoken to Mr. Gardner and a member of his staff.  I have contacted every attorney that has been through his bootcamp that is in Tennessee and every contiguous state.

NOT ONE REPLY!!!!!!!!!!!!!!!!!!!!!!
There is one attorney less than 45 minutes from Knoxville that I have called, emailed and faxed an he is yet to give me the courtesy of a reply. 
Alan Lee - Morristown, TN

A well placed friend from New York even emailed him for me.  No reply!

If they're not helpin', then are they hurting?

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Mr. Roper, Thanks you posting the tread and a link to the story!
I think it's Great  to see the Message about MORTGAGE SERVICING FRAUD getting OUT.

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I pulled this from the ABC news forum. ABC News: 'Bankruptcy Bootcamp'
I am an attorney and attended Max Gardner's BootCamp. It was without a doubt the most empowering experience of my legal career. I left feeling as if I had gained the "inside" knowledge necessary to fight the abuses that I've seen happening to my clients for years. Now I can do something about it. Empowered Lawyer 10:42 am
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Mortgage Mess, Foreclosure Fraud and Impediments to Justice
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Empowered Lawyer,

I don't believe I caught any note of where you are helping someone. 

Are you like the rest of the "graduates" and only looking the other way. 

My post was absolutely true.  I have called, emailed and faxed and not one reply except from Max.  Max told me he didn't have time and he didn't work in Tennessee.  I'm grateful for what Max is doing.  I don't want anyone to misunderstand that.

I'm just very disappointed that I & others can't get representation from someone that has had Max's training.  Or from anyone that we could train ourselves, for that matter.

Best to all.

Bob Schmidt
Pro Se litigant
Eastern District Federal Court
Knoxville, TN

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go mike and jenna!!!!! i wish i had gotten to watch the story on abc.  keep up the excellent work on getting media coverage!!!

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The "Foreclosure Factories" Vise

... Development Dept. slapped a record $40 million fine on Fairbanks Capital ... "They were bent on a litigation strategy to play the jury sympathy card ... - 63k - Cached - Similar pages

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David has used his experience in this area to successfully represent plaintiffs against mortgage lenders and servicers. For example, in a recent case, David represented borrowers who claimed that Fairbanks Capital Corporation, one of the largest servicers of "subprime" mortgages, engaged in deceptive and illegal practices. David took the case to trial and obtained a significant jury verdict in favor of his clients. Another case David was recently involved in was against CitiMortgage, where David's clients also alleged deceptive mortgage servicing practices. This case settled on confidential terms on the first day of a jury trial.
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For Mike :)
Federal Government, States Investigate Fairbanks Capital's Treatment of Homeowers

It is called the biggest homeowner uprising in the history of the American home mortgage industry: Thousands of disgruntled customers of Fairbanks Capital Corp., a home loan servicer based in Salt Lake City, have triggered investigations of the company by at least two federal agencies, numerous state governments, and multiple class actions and other lawsuits in over a dozen states around the country.


The charges against Fairbanks, according to lawsuits:

Allegedly the company

  • Regularly fails to count on-time borrower payments and assesses inappropriate late fees;
  • Forces customers into defaults and delinquencies, with signficant negative impacts on their credit standings;
  • Ignores existing, documented homeowner hazard insurance policies and “force places” high-cost coverage through its own vendors;
  • Threatens foreclosure and assesses exhorbitant legal and other fees against borrowers who want to retain their homes.

A class action suit filed in California on behalf of Fairbanks customers nationwide charges the company with effectively functioning as a home mortgage delinquency mill. Plaintiff Connie Whitson of San Diego said her case is typical. She ended up paying Fairbanks $3,543.76 for late fees, attorneys fees, reinstatment charges, property valuation fees and others after Fairbanks allegedly failed to credit her monthly payments on time. Hundreds of other customers have logged their personal stories regarding Fairbanks on a website created and run by former borrowers and business associates, (formerly known as

Fairbanks, for its part, declines to discuss ongoing litigation. But a spokeswoman did concede that “there have been problems” in servicing some mortgage accounts, and the company “is working on remedying those problems.”

Meanwhile, both the Federal Trade Commission and the Inspector General of the U.S. Department of Housing and Urban Development are actively investigating Fairbanks for possible criminal and civil statutory violations. Fairbanks president Bill Garland says part of the controversy stems from the company's position as the largest-volume servicer of “non-prime” home loans. Non-prime refers to loans made to home buyers or refinancers with imperfections on their credit files. Fairbanks, whose majority owner is PMI Mortgage Insurance Corp., buys entire pools of loans from other mortgage companies and services them for investors in the bond markets.

Garland points out that an extraordinarily high percentage of the company's borrowers are behind on their payments. Of the 600,000 home loans in its portfolio, according to Garland, 30 percent--or roughly 200,000 customers--have not made timely payments for more than two months. Approximately 45,000 Fairbanks customers are somewhere in the process of foreclosure.

“We have litigation in this business,” says Garland. “It is part of the business.”

Alarmed by charges of unfair and illegal treatment of borrowers, two U.S. senators--Maryland Democrats Barbara Mikulski and Paul Sarbanes--have asked the federal government to investigate whether the company is violating any federal laws. Consumer advocates say Fairbanks is also under scrutiny by state authorities in Florida, Texas, Michigan, Illinois, Pennsylvania, California, and Georgia, among others.

To make matters worse, Fairbanks also recently lost its ability to service new pools of non-prime loans when three ratings agencies, Standard&Poor's, Fitch, and Moody's, downgraded the company because of its regulatory and legal uncertainties. Majority owner PMI also forced aside Fairbanks' founder and long-time chairman, Thomas Basmajian, and elected new executive leadership for portions of the company.

Realty Times - Real Estate News and Advice

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Joe B
     I am for Mike too, but the print date on that article is: "Published: May 19, 2003"

(3/4 of the way down)

     While Fairbanks hasn't done much to improve their work, it is unfair to suggest that Babs Mikulski is doing anything at all to help anymore, or the FTC, or other federal or state agencies for that matter! In fact, as Mike can probably attest, we are on our own to force these (insert your superlative here) to do their job ethically and legally; and I assure you this is no small task!

     I am not criticizing the post, I just want to make sure no one has the impression that this is a current development.

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For Mike :)
I posted it to show how they treat people.
I read the bottom part and was wondering if they ever did anything also? I would not bet on it! But I would like to know...
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O -

An UPDATE would be NICE!

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Thanks for the words, folks... Personally, I'm just glad that Mortgage Servicing Fraud is at least getting some national exposure now.  

Big "Thank yous" to Vicki Mabrey and Ely Brown for all of their hard work and ABC's "Nightline" for airing the piece! I can only imagine the hectic week that they must have had last week...

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Stealing Home's

12/8/2007 8:55:23 PM
Ameriquest Mortgage Company/A.M.C Over paid my escrows, then reported me as late when I refused to pay for their mistake then stole my returned $ and then foreclosed on me..... Schaumburg Illinois*Consumer Comment ..Class Action suites do you no good..........Author: Shreveport, LouisianaMortgage Companies : Ameriquest Mortgage Company/A.M.CIllinois

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