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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In surveying some various recent mortgage cases nationally, I ran across a case in Louisiana which seems to BEAR WATCHING:

LEXIS - NEXIS SUMMARY
Bauer v. Dean Morris, L.L.P., NO. 2007-CA-0635 CONSOLIDATED WITH: NO. 2007-CA-0636, COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT,  2007-0635 (La.App. 4 Cir. 11/14/07);, 968 So. 2d 357; 2007 La. App. Unpub. LEXIS 265, November 14, 2007, Decided,  THIS DECISION IS NOT FINAL UNTIL EXPIRATION OF THE FOURTEEN DAY REHEARING PERIOD.,  NOT DESIGNATED FOR PUBLICATION. PLEASE CONSULT THE LOUISIANA RULES OF APPELLATE PROCEDURE FOR CITATION OF UNPUBLISHED OPINIONS., Writ denied by Bauer v. Dean Morris, L.L.P., 2008 La. LEXIS 385 (La., Feb. 15, 2008)

CORE TERMS: arbitration agreement, compel arbitration, mortgage, lender, arbitration provision, ambiguous, adhesionary, assignee, agreement to arbitrate, arbitration ...

The FULL TEXT of this case is available for FREE at the LexisOne site at:

http://www.lexisone.com

PARTIES
LexisOne more particularly identifies the parties in this rather long caption:

ROBERT BAUER, SALOME LUCINEO BOYD, JIM T. BRIGHT AND DEBRA BRIGHT, LIONELL J. COLEMAN, LYNN L. COLEMAN, KEENAN AND KAREN DUCKWORTH, MERCEDES DUTTON, MATTHEW DAVID DYER, TERRY HARDY, SR., TERESE LABEAUD, ALTON PIERCE, WILLIE LEE RAULS, ET AL. VERSUS DEAN MORRIS, L.L.P., BANKER'S TRUST OF CALIFORNIA, CHASE MANHATTAN MORTGAGE CORPORATION, WASHINGTON MUTUAL, INC., MORTGAGE ELECTRONICS REGISTRATION SYSTEMS INC., COUNTRYWIDE HOME LOANS, INC., BANK ONE CORPORATION, SUN FINANCE COMPANY, L.L.C., ET AL. CONSOLIDATED WITH: MARY & LARRY PATTERSON, BRIAN BATTISTE, DEBRA ELLZEY-HERRON, THOMAS THIBODEAUX, ALEX HARTLEY, EDNA B. TAYLOR, EDWARD & HELEN CARTER, DEMETURIE SIMMONS, MELVIN FRANKLIN, RONALD SINGLETON, HELEN RATCLIFF, WILLLIE BROWN, ET AL. VERSUS DEAN MORRIS, L.L.P., PROVIDENT BANK, OPTION ONE MORTGAGE CORPORATION; THE LEADER MORTGAGE COMPANY, LLC., SAXON MORTGAGE SERVICES, INC., AURORA LOAN SERVICES, INC., FIDELITY BANK, LONG BEACH MORTGAGE COMPANY, CHASE MANHATTAN MORTGAGE CORPORATION, ET AL.

SUBJECT MATTER
The case begins with this description:

FACTS AND PROCEEDINGS BELOW

On February 17, 2005, a group of plaintiffs including Mr. Coleman filed a petition for damages on behalf of themselves and a putative class. The petition alleged that the law firm, Dean Morris, L.L.P. ["Dean Morris"], n1 acting as attorneys for various lenders named as co-defendants, had inflated court costs, sheriffs' fees, and other expenses associated with the institution of foreclosure proceedings against the plaintiffs. The petition alleged that the named lenders, including Ocwen, represented a putative class of lenders that were vicariously liable for the actions of their agent, Dean Morris, and also were independently liable as the beneficiaries of the foreclosure proceedings because they had received the improper payments and had "cooperated in, participated in and authorized the practice of charging, receiving and not refunding improper and excessive fees."

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This particular ruleing pertained ONLY to a motion to compel arbitration...  And the appellate court upheld the trial court's overruling of that motion.

But it seemed to me that this case bears WATCHING, as it seems to touch upon some rather familiar issues!

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Perhaps someone else has seen other information about this case!

[This case is NOT central to my research, so I thought I would just push this information out on the message board for others to monitor, research and comment upon!  Perhaps Nye, Gary or others are already tracking this case, but I don't recall reading about it before.] 

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Glad to see you are still here Mr. Roper  

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