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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This is about LaSalle Bank as Trustee for Holders of Mortgage Pass Through Certificate 1998 R-1.
Supposedly OCWEN FSB had assigned this note to LaSalle as Trustee.  The owner had never heard of LaSalle or received anything from LaSalle as Trustee.  This was not an ARM loan.

In 2009 it was reported on the forum that the Defendant's in this case Demure had been granted along with attorney fee to the defendant. This was due to the Attorney for LaSalle Bank not showing up in court with the Original Note.  In testimony the alleged servicer said there were checks that had bounced the Defendant could show cleared the bank. There was no record of the Assignment from OCWEN FSB to LaSalle ever being filed with the land department.  The copies of the Note attached as Exhibits did not show any Assignment of the NOTE from OCWEN FSB to LaSalle. The Attorney for LaSalle Appealed the Judgment and award of Attorney fees to the Defendant claiming they "never knew anyone wanted the original note".  It shows on the docket  that a motion to compel was filed by defendants per the pretrial order.  The  Defendants requested the Original Note  Prospectus etc in that motion.  LaSalle Banks list of exhibits showed they would provide the NOTE not a copy of it at trail. The Judge asked them to get it and they said it was in a vault somewhere and did not know when they could get it.

That was 2 years ago and we are back in court again in May. LaSalle Bank as Trustee now has found an alleged Original Note with Allonges stapled to it showing OCWEN FSB assigned it to LaSalle in March of 1998.   It was signed by an Attorney in Fact. The defense Attorney asked for a copy of the Power of Attorney which should have been filed in the land department at the time of the transfer. There was No Power of Attorney filed. There still is no Assignment of the Note  from OCWEN to LaSalle filed with the Land Department. There was an Assignment of "Mortgage" from OCWEN FSB to LaSalle filed 3 months after LaSalle bank filed the petition and it is signed by Scott Anderson VP for OCWEN FSB. (Not OCWEN LLC). The Law firm that is representing LaSalle is listed on a website as doing business with LPS who was investigated for Robo Signing.

Just recently LaSalle filed a brief 10 days late saying that unless a party disputes improper signed documents or illegally signed document etc. that within 5 years the illegal document becomes legal in Oklahoma.

January of this year is the "first time" anyone has seen this Allonges. The issue of the Robo signing and possible forgeries only became public in the last 2 years while this case was on appeal.

Background:

In Feb of 2004 we received a letter from this law firm stating they represented OCWEN Federal Bank and alleged we were in default and had 30 days to dispute the debt before they would take any action. We faxed them a dispute within the 30 days.  In less than the 30 day period we were sued by LaSalle Bank as Trustee for Mortgage Pass-Through Certificates 1998 R-1 by the very same law firm that sent us the letter saying they represented OCWEN FSB. In the Attorney fee hearings in 2009 LaSalle's Attorney told the court he worked for OCWEN!!

According to there Petition OCWEN Federal Bank had Assigned the HUD regulated Mortgage to LaSalle. The copy of the Note they attached with the court petition had NO such assignment attached to it. There was only at that time a Lis Pendens filed. A motion for Lack of Capacity was filed by our attorney claiming LaSalle had not shown they held the note or mortgage and there was fraud and they violated Fair Credit Reporting Laws we disputed the default. A request was made for All documents they had. They responded by saying that was overly broad. When asked to identify the true party of Interest they said they only had to provide the name of the Trustee not the true holder of these certificate.  In 2007 LaSalle's motion for Summary Judgment was denied! Due to Structural issues with this house OCWEN (not LaSalle) had an engineer report and appraisal done. They refused during settlement conferences to disclose those reports. In 3 party e-mails between attorney we asked to see the Original Note and full accounting due to constantly receiving bills from OCWEN with unexplained fees, raised house payment that were unexplained. No reponse to our knowledge.

Questionable issues with LaSalle:

In 2000 this same Law Firm filed a foreclosure alleged we were in default alleged we missed 3 house payments.  The same law firm stated in the 2000 Petition that OCWEN FSB is the Holder of the NOTE and Mortgage ?? We settled that and paid them 4 times what 3 house payments would have equaled. OCWEN never explained how they come up with their numbers for settlement, you either take it or loose your home IMO. For whatever reason the online court records show that case was destroyed by the court!! 

There was no documents filed in 2000 showing OCWEN assigned this note to LaSalle in 1998 as the mystery appearing Allonges are showing now. This law firms clearly states in 2000 the Note is Held by OCWEN FSB. 

The only witnesses for LaSalle have been 1 in 2008 from OCWEN and a different one from OCWEN  this year. This law firm has objected heavily to any inference of possible forgery. They claim we are not the victim of a forgery, and only  the victim can complain from what I understood in their brief.

Based on what I saw on 60 minutes the Banks are the perpetrators of the Fraud by hiring people to forged documents. Why would they turn themselves in! They are who paid for the forged documents.

This case is still pending. There is a forensic auditor involved in this case now.

The recent witness for OCWEN who is LaSalle's witness did not appear to know that LaSalle might be owned by another Bank. According to information on the web LaSalle Bank was owned by AMD-AMRO who was purchased by Bank of America in 2007 and reports show it started using the name Bank of America in 2008. There are no records in the land department showing any transfer from LaSalle to Bank of American or Mergers. LaSalle lawyer did mention in a petition in March 2011 that LaSalle merged with Bank of America. The Attorney for LaSalle told the court in 2008 he worked for OCWEN!

The case is still going on.  Messy, Messy Messy

In April 2004 just a few weeks from the filing of the foreclosure by LaSalle,  OCWEN FSB was cited by the Officer of Thrift Supervision for multiple violations of servicing loans and they entered to my understand an agreement to correct those issues.  In 2005 OCWEN FSB debanked and remaining assest went to OCWEN LLC in 2006.

I have never been able personally to locate who owns the Mortgage Pass-Through certificates 1998-r-1.  None of the sites online show this address and a MPTC. 


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William A. Roper, Jr.
Ric:

Is there a question or a point in your post somewhere that I missed or are you simply trying to help your opposition by taking them to school and show them all of their mistakes so that they can correct these and take your house faster?

Did the plaintiff also post its litigation strategy and discuss the strengths and weaknesses of your foreclosure case on a public web site?

Do you always show your poker hand to your opponents before you begin betting to give them a cleaner shot at beating you?

You must be quite a poker player!  How is that working out for you?
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I am sorry, I see post about cases all the time on this site.  Are you an attorney.  Thanks for the info and concern, though.

I did not know I was playing poker!  That seems to be a bit over simplified for a case that has gone on for 7 years.  Is that what the Bank is doing, Bluffing to see who will fold first!  How many bags of tricks or second decks of cards do they legally get to play with?

They brought up the 2000 case in thier recent brief not us.  Alot of this the court has already heard. in 2008.  The alonges are what is new. 

I wanted to point out lawfirms attempting to defend possibly forged documents by claiming it is legal within a certain scope. 


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Bill

I think it is important to really investigate their claims.  Lasalle merged with BOA and now U.S. Bank is claiming to be the trustee for many of these trusts that were once Lasalle/BOA.  I think it would be interesting to look up who the Plaintiff is in other cases for your trust. 

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Bill; Thanks for the information.   


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