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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Angelo
Here is a case in NY where 2nd dept. Silverberg case has binding authority.

Since MERS never has physical possesion of the notes,it cannot transfer what it never held.


http://www.nycourts.gov/reporter/pdfs/2012/2012_32338.pdf
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Nelson
There is also an interesting new Supreme Court decision out of Renssalaer County, NY, in the case EMC Mortgage v. Gass. It is a nice illustration as to how the 2011 Consent Orders can be used against the banks. It is a must read!

http://www.msfraud.org/law/lounge/emc-v-gass-2-notes-lna-complete-fail_8-12.pdf
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FnDoomed
Got a google scholar link for emc v gass ?
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Angelo
Here is the link.

http://www.nycourts.gov/reporter/3dseries/2012/2012_22252.htm
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FnDoomed
McClelland is worth reading because the judge reminds us to look closely at the BS affidavits that come into court.

My take on Gass is the same, except the judge just learned that bank will employ BS affidavits from the consent order - ha ha - and used that as an excuse to reopen the question of dismissal.

I'm not sure about the reference to a foreclosure review - that almost seemed like it was going to conditions precedent but didn't go there.
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