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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William A. Roper, Jr.
In yet another appellate decision showing the potency and effectiveness of basic evidentiary arguments, the Alabama Court of Civil Appeals on Friday reversed and remanded a summary judgment entered against borrower Frank S. Smith, Jr., in an action brought in the name of the Secretary of Veterans Affairs by Bank of America.  The court found that an affidavit by BOA Asst. Vice President Scott HIATT wholly failed to demonstrate the basis for the affiant's personal knowledge of the averments contained therein and also failed to swear to or otherwise verifiy the authenticity of any of the documents presented to the court as evidence.

Longstanding Forum participants will recognize these arguments, as we have continued to feature appellate cases showing the effectiveness of properly framed objections based upon evidentiary defects.  This case gives a very nice summary of leading Alabama evientiary decisions showing the necessity of a proper affidavit and of the requirement that exhibits be properly authenticated.

The case is:
Frank S. Smith, Jr. v. Secretary of Veterans Affairs, No. 2100194 (AL Civ. App. June 24, 2011)


To this I would add how much it offends me as a veteran that notorious robo-signers at criminal enterprises such as "Too Big To Fail" Bank of America, believe themselves to be entitled to dispossess U.S. veterans of their homes on the basis of improper affidavits and unsworn exhibits.  This bank needs to be immediately REMOVED from the administration of ANY V.A. loans and, moreover, needs to be broken up.
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