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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Anarchy (from Greek: "without ruler") may refer to any of the following:

"No rulership or enforced authority."

"Absence of government; a state of lawlessness due to the absence or inefficiency of the supreme power; political disorder."

"A social state in which there is no governing person or group of people, but each individual has absolute liberty (without the implication of disorder)."

"Absence or non-recognition of authority and order in any given sphere."

"Act[ing] without waiting for instructions or official permission... The root of anarchism is the single impulse to do it yourself: everything else follows from this."
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An Anarchist’s Strategy To Dismiss Every Foreclosure In Florida

February 7th, 2010 · Attorney Matt Weidner's Blog


Courts Are Overwhelmed With Foreclosures

Across the country, circuit court judges and their staff are becoming overwhelmed and frustrated by the total avalanche of foreclosure cases that have been dumped in their courtrooms. In Pinellas County, Circuit Court judges who used to handle like 400 foreclosure cases are now handling something like 3,000. These judges still have one judicial assistant and the same limited resources they had before the crisis. When the judge’s loan JA sits down to start the day, they are bombarded with phone calls and mail and people in their face every single second…. it’s chaos, its a burden and it is completely untenable for the long run.

Things have gotten so bad for the judges that I’m told at least two Circuit Court Judges in Pinellas County (Linda Allan and Douglas Baird) have announced they were no longer going to hear Motions to Dismiss filed by Defendants in foreclosure cases, but were going to start just denying them across the board without even having a hearing on the matter. Now that’s one way to deal with the crisis. It’s an unconstitutional, unfair and totally biased approach that completely ignores the law and the rights of the citizens these judges took an oath to serve, but it is one way to deal with the crisis. (Look for Appeals To Come If This Practice Really Begins to Take Hold.)
I know, Let’s Throw All The Rules Out The Window.

Many of the Plaintiff’s attorneys that are working so hard to throw borrowers out of their homes cannot rely on good, solid, honest legal work to accomplish their job. As an attorney who sees the work of these firms every day, I am just astonished that the Courts continue to allow such horrendous practices to continue unchecked, but there seems to be little desire to try and force a correction of the behavior. Just in case you think I’m overstating the problem, here is an excerpt from the Florida Supreme Court’s Task Force Report on Residential Mortgage Foreclosures:

Finally, it is critical that these firms be candid, clear, and truthful and accurate in connection with pleadings and affidavits filed with the Courts. A leading plaintiff’s lawyer and a major plaintiff’s law firm have been the subject of a public reprimand and sanctions due to untruthful filings with the courts. Judges continue to see affidavits of amounts due and owing signed by law firm employees, and cost affidavits charging very high service of process fees for process serving firms owned by the law firm principals. To some extent, it is fair to be concerned whether the press of the case load is interfering with a judge’s ability to police the conduct of the firms before them in these usually uncontested, unopposed foreclosure cases.

The full report can be found here but the bottom line is this: the lenders and their law firms are lying, lying, lying.

They’re committing fraud on the courts on an unprecedented scale. The report of the Supreme Court is a bit sanitized, but the firms are whipping out foreclosure cases so quickly that they’re not even bothering to get the proper documents that prove they have a correct basis to file a suit from the outset. Some firms have ownership interests in the process servers who are supposed to personally hand the lawsuit to a defendant and they’re both charging exorbitant fees for this service and lying about whether proper service has been obtained or even attempted. And finally, the biggie….they’re lying, lying, lying about the evidence they’re submitting to the court. These come primarily in the forms of Affidavits and Assignments submitted to support Summary Judgments of Foreclosure.

Affidavits and Assignments in Foreclosure, Liars Re-Telling Lies Re-created From Fiction

There are several areas where the lying is reduced to black and white and submitted to the court.

Assignment of Mortgage

First, when the foreclosing Plaintiff is not the original lender, there must be a formal Assignment of Mortgage executed which says, “The Original Lender Assigns This Mortgage to the Plaintiff in This Case.” This document is needed to give the Plaintiff the proper legal basis to be suing the Defendant. Many of the originating lenders are no longer operating so getting a real assignment from a dissolved corporation would be difficult. In other cases, the Plaintiff introduces an Assignment of Mortgage executed by “MERS”; a shadowy, shifty, shady backroom dealer of mortgages. The Assignment of Mortgage issue is problematic even when a mortgage was only assigned from an originating lender to the foreclosing Plaintiff, but in cases where a mortgage has changed hands many times, there should be an unbroken chain of properly executed assignments from originating lender straight through to the foreclosing Plaintiff. (In fact, this requirement of an unbroken chain of assignments was originally part of the foreclosure procedures in Pinellas County, but this requirement was stripped.) The problem is these assignments are frequently fraudulent. The lenders know this, their attorneys know this and the courts know this, but they’re all just going ahead and pretending like it’s not an issue. IT IS AN ISSUE!

Affidavit of Amounts Due and Owing

The second area of Affidavit Fraud is the Affidavit of Amounts Due and Owing which states, “Your Undersigned Affiant is an employee of the Plaintiff and I SWEAR Based on my PERSONAL KNOWLEDGE that the Plaintiff is Owed, $150,000″. In a case where the original lender is the foreclosing Plaintiff, an employee of that lender could sign such an affidavit based on their review of the company’s accounting records. In most of the foreclosure cases currently pending in courts around the country, the mortgages have changed hands many times and there is simply no basis whatsoever for any person to sign an affidavit stating that they have any knowledge whatsoever of who is owed any money whatsoever. These affidavits are legally insufficient, they’re false and fraudulent.

Affidavit of Lost Note

The third area of Affidavit Fraud is the Affidavit of Lost Note which states, “Your Undersigned Affiant is an employee of the Plaintiff who had posession of the note when it was lost and while we looked long and hard to find the note, it’s just plain disappeared and we will never find it.” In cases where the Plaintiff cannot locate the original note, this Affidavit is required in order to “Re-establish The Lost Note”, a technical process which must be followed in order to successfully and honestly proceed with a foreclosure case. There are two problems here. First, in many cases, the Affidavit does not include the correct language wherein the Plaintiff asserts that it was in possession of the note when it was lost. The affidavit states, “the note was in possession of someone (we don’t know who) when it was lost”. The other variation of this is when the Plaintiff is in possession of the note - but they don’t bother disclosing this to the court.

Laws and Rules Just Don’t Matter Anymore, Everyone Hop On Board The Fraud Train!

So if the Plaintiffs and their attorneys are engaging in massive and systemic fraud and the courts are totally aware of this and yet it’s going totally unpunished and unanswered, why doesn’t everyone just get on the fraud train? I mean why not? Well, here’s one way that consumers and anarchists could engage in fraud that would totally throw the system into chaos. If rebels and anarchists, and people who just don’t care, executed and recorded Satisfactions of Mortgages across the country, it would send the entire foreclosure system into collapse. A Satisfaction of Mortgage is a one page document that costs $8.50 to record. It can be produced on a home computer, filled out correctly then sent in along with a money order or cashier’s check. The Clerk of Court is required to record it and there would be no way of ever knowing where these fraudulently produced satisfactions were coming from. While the lenders were trying to figure out how to deal with this massive problem, they would have no choice but to stop the pursuit of the foreclosure cases.

Anarchy Is a Crime- Revolution is a Crime.

Make no mistake, doing this is wrong. It is a crime. A serious crime. I would not do it and I’m not seriously suggesting anyone should, especially for their own mortgage. But what if? I mean what if some modern day Robin Hood or Paul Revere set out with a few hundred bucks and a few hours on a computer and started just sending in satisfactions? And what if, at the same time these same bands of anarchist Robin Hoods also filed with the courts “Notice of Voluntary Dismissal and Release of Lis Pendens”? I mean when the law firms that are prosecuting these cases are so out of touch that they have no idea what’s happening with their files and they have no contact whatsoever with the lenders they claim to represent, it would take them months to figure out if their law office or their client really did dismiss the case or whether this was another one of those Anarchist Dismissals.

But if the system is so broken down that judges are engaging in systematic denial of a defendant’s rights and if the Supreme Court of Florida is acknowledging in writing...

that they are aware of widespread and systemic fraud being perpetrated on courts across the country and they’re doing nothing to stop it, isn’t a little bit of anarchy in order?


Source: http://mattweidnerlaw.com/blog/2010/02/an-anarchists-strategy-to-dismiss-every-foreclosure-in-florida/
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A question to anyone out there, what is the course of action if your mortage pool/trust is not registered with the SEC or Fannie Mae, despite the fact the FM states that "it appears that we own your loan". Would that imply that the traunch/pool your mortgage is floating in is a "unregistered trust". And if so (1) where do you go to find who owns the loan, and (2) is a QWR to the servicer requesting this information a recommend path of action, and (3)is there a cap/limit on the number of QWR's a mortgage holder can submit. Question #3 is significant, since many people are going through this on their own, however as we all see things are changing everyday, and in fact a day, a week , a month or a settled case provide additional questions that can/should be asked. Just my opinion!!!
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Moose
pj wrote:
A question to anyone out there, what is the course of action if your mortage pool/trust is not registered with the SEC or Fannie Mae, despite the fact the FM states that "it appears that we own your loan".


The "FM" is whom?

pj wrote:

Would that imply that the traunch/pool your mortgage is floating in is a "unregistered trust".


There is no such thing as an "unregistered trust." This isn't legal advice but a trust is a legally established entity that in order to issue securities must be registered with the SEC. If it issues no securities and ceases to function (quarterly reports, etc.), the SEC will eventually move to disband it.

pj wrote:
And if so (1) where do you go to find who owns the loan,

Most servicers will not tell you who allegedly owns the loan (the actual name of the trust) because they consider that a trade secret and it can change from time to time. Keep in mind, the Trustee for the trust is the servicer's customer - you're not. The only sure way to find out the name of the trust/trustee if they won't just tell you is to sue them and see if it the case survives the discovery prevention attempts.

pj wrote:
and (2) is a QWR to the servicer requesting this information a recommend path of action,

It might. Those I've seen responses to were pretty much "that information is considered company confidential" styled dodges of the question.

pj wrote:
and (3)is there a cap/limit on the number of QWR's a mortgage holder can submit. Question #3 is significant, since many people are going through this on their own, however as we all see things are changing everyday, and in fact a day, a week , a month or a settled case provide additional questions that can/should be asked. Just my opinion!!!


IMO there is no statutory limit. In fact, I recommend you send a single letter for each issue.

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Thanks Moose, FM is Fannie Mae. Also had been contemplating do a string of QRW's, and have not been able to find any law's limitations on that as well. However things are changing daily as we all know. So it is hard to keep up.

For one and think I have said this before, can not find the MBS pool in  any SEC filings.

Thanks again.


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hgosh
Your "Trust" may be a "private placement"....However, any foreclosure complaint must list the plaintiff.   Who is the "plaintiff"?  That may help us help you.
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Sandy
Why would an investor choose not to be identified on the MERS ID system?

After checking both Fannie Mae and Freddie Mac and finding nothing, I ran my loan on the MERS site. I found the servicer, which I already knew, but the investor chose not to be identified.

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    It is now clear that the "sub prime correspondent lenders" were selling the
same note multiple times to different investors. This is why so many non qualified borrowers got loans, ie the lender made his profit by selling the
Note multiple times. He could care less about the appraisal and the ability of the borrower to pay it back.
    I have a case now where the lender ceased to exist a full year before the
loan was made! The Note was immediately assigned to another entity which
ceased to exist shortly after the loan was made. The Note placed in the Court file is a blatant forgery made on a Sig Tech ghost writer machine as
can be seen because it is a "floater" with the signature "floating" above the
line. The forger did not take the time to line it up properly.
    Many investors are holding a "bagful" of counterfeit color photocopies of
Notes or outright "forgeries". This is very bad news for the major banks who
will have to buy back these counterfeits and be unable to foreclose because
the true "original Note" was destroyed by the counterfeiters to hide the evi-
dence.
     It means a good defense against foreclosure for the homeowners!
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