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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A couple of years ago, and on several occasions, there was a spirited discussion here at the Forum between several Forum "seniors" and a few of the scam artists promoting various specious defenses about the best approach when a borrower or co-borrower was deceased.

Several seniors, citing Mr. Roper's suggestion that litigants avoid taking the banks to school, stated that the borrower would be making a grave mistake if it contacted the bank and notified the lender of the borrower's death or helped by identifying the borrower's heirs. Others gave a variety of less thoughtful and useful suggestions.

In a case handed down in Queens County, NY, last week, Justice Siegal shows just how insightful the suggestions of t, ka, Bill and others were. The case is:

[i]PNC Mtge. v Morka, No. 32436/2009, 2013 NY Slip Op 50930(U) (Queens Supreme Ct. June 10, 2013)[/b]

Here, the bank finds that some four years into the litigation that its application for an order of reference is denied because it has failed to name and serve the heirs of the decedent, indispensable parties to a foreclosure involving the decedent's estate!

Thank you t and ka for all of your insightful posts!
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This is kind of what I was talking about in the other post.  Maybe instead of buying quiet title legal papers it would be better to take t's advise.  This family still has the house four years later.
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I have an appeals case going on right now in Ohio similar to this.  The bank foreclosed on my mother's home without making any attempt to find or serve her heirs.  They knew she was dead.

We got the original complaint dismissed and they refiled, still didn't serve us, our attorney added us personally as defendants.  Now after a ton of $$$$ racked up, we are in appeals.

Our attorney filed his brief, their attorneys filed their brief, and now it is our attorney's turn to file a brief in response.  It hasn't been set yet for a hearing, but will be.

I am rambling.....
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We got the original complaint dismissed and they refiled, still didn't serve us, our attorney added us personally as defendants. Now after a ton of $$$$ racked up, we are in appeals.

Sounds like legal malpractice! It is true that there are procedures by which someone can join, for example, "the unknown heirs of John Smith", etc., and then serve these by publication, but as others observed in previous threads, a judgment against a dead man (or woman) is essentially void in every state.

If the bank is confused about whether someone is dead, then you let them [i]stay confused because any order they get is simply a nullity.[/b]

But if the heirs voluntarily intervene, as you seem to describe, then the court has personal jurisdiction and it is game over. This is the kind of situation that makes a good examination question in law school. I cannot imagine what your appellate argument would be if you and other heirs voluntarily intervened.

Even so, you are going to find that it will be difficult to make out a successful legal malpractice claim. Showing that there was a technical, but legal, avenue that might have instead been proven is going to be thin. Since the bank ultimately might have prevailed, by cleaning up its act and doing things right, is problematic and might mean your measure of damages is going to be the amount you are due for not being able to delay the foreclosure.

It sounds as though you would have been far better off reading posts here at the Forum and avoiding strategies suggested by a possibly marginal lawyer. Oh well.
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