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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Hi everyone! I am new to this forum and am glad to know there are people like me in the same boat, struggling to hold on to our homes and fighting these accursed subprime lenders. Long story short: I inherited my home from my mother in March '06 and refinanced the mortgage to get my baby brother's share of the equity out for him.

Needless to say, I got suckered into a toxic subprime mortgage with Option One. The broker used the "bait and switch" ploy, assuring me that I was getting a fixed-rate loan with payments applied to principal and interest, falsified my income and charged excessive fees. Not only that but Option One set my payments to be almost ONE HUNDRED PERCENT of my take-home pay ($1300 net/mo., $1,032 mortgage payment) and put in a huge balloon payment of $94,000, blah, blah, blah.

I was able to get along only because I used my share of the cash out for the payments, but that money ran out and I am now facing foreclosure with a judicial hearing on the 30th of this month. I do have a bankruptcy lawyer representing me, but he is next to useless. He told me that I don't have a legal defense to the plaintiff's complaint which I think is BS. To make matters worse, I recently lost my job, so I am afraid that attempting to get a loan mod is going to be a waste of time with no income to base it on. I feel like the only thing I can do to buy time is to use the "produce the note!" strategy.

I imagine that most of you know that Option One was bought from H&R Block by Wilbur Ross and is now part of his AHMSI company. Does anyone on this forum have good dirt on AHMSI? Also, Wells Fargo is the trustee on the mortgage.....

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Yes.

Are you in a judicial foreclosure state?  Have you already been properly served with citation of the complaint?

If so, it is critical that you ANSWER the suit in a timely way and you need to initiate DISCOVERY to obtain the FACTS of the case.

The plaintiff may very well seek to use fabricated and perjured evidence against you!  YOU NEED DISCOVERY TO PROVE ANY FABRICATION OR PERJURY.

Drop me a note and I can refer you to some useful resources.    
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Stephen

From experience, I guarantee you the plaintiff will fabricate documents, hide them from discovery and try to produce them at the last moment.

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The Equitable One

So you're still kicking, eh William A?

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i hate to ressurect a "dead" thread and im not even sure if this has been discussed but ill bring it up anyway.

AHMSI is the reincarnation of ameriquest. i suspected this for a long time and an incident occurred this week that makes me almost sure im right. im currently still involved in a lawsuit with ameriquest and i cant go into detail but i will say this..
anyone suing ameriquest needs to look at AHMSI
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Sara
So sorry to hear of your situation!

What state is the home in?  What type of foreclosure is it? 

In some states, a balloon payment at the end of the loan is illegal.

S
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i don't know if this is dirt, but hopefully it will help in some way, i lost my home in 07 to ???????DEAUTCH bank, ya right.....................here's the point about option one.....my neighbor moved out of his house nearly 4 years ago because option told them they were foreclosing....................they never did......................for three years option one had the grass cut and the driveway plowed etc. etc., but this spring it all ended.....................and there has never been a foreclosure or preforclosure on the property, it just sits there.....................all attempts at contacting option one for a short sale and or a sale of any kind have gone unsuccessful, good luck to all
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i hope my original reply to the person asking for help....was helpful.....no one else has anything to say about the thieves in the subject matter?
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We just went to court and got TRO against them. Our judge was po'd with the evidence presented during the hearing. These guys aren't going to get away with what they're if people took their cases to court. SCREW walking away, FIGHT for what is yours.

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William A. Roper, Jr.
In a decision which is noteworthy for its directness and brevity, Florida's First District Court of Appeal reversed a summary judgment in favor of American Home Mortgage Servicing, Inc. (AHMSI) on August 10, 2010, in the case:

Kontos v. American Home Mortgage Servicing, Inc., Case No. 1D09-2803, 2010 Fla. App. LEXIS 11698 (Fl. App. 1st Dist., 2010)

http://opinions.1dca.org/written/opinions2010/08-10-2010/09-2803.pdf


Reading the decision, without benefit of reading the briefs, it appears that the appellee must have conceded that the record before the trial court was devoid of any evidence of an assignment of the alleged mortgage indebtedness from the named Lender on the alleged instruments in favor of AHMSI.

*

As with Kevin's encouraging report, this decision reaffirms that it IS possible to Win, or at least to defer losing, by at least answering, SHOWING UP and making good, credible arguments!  It is ESSENTIAL to make defensive arguments in order to preserve issues for appeal! 
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Wiley
I found this on MSfraud's article page.  Earlier this week, Channel 4 in Dallas ran this story (with video) about homeowners who made all of their payments, yet received foreclosure notices from AHMSI; another company located in the state of Texas, where these criminals are not regulated. 

DALLAS - So, you think you have your mortgage covered…you make your payments on time, pay your taxes and insurance, and then somehow you get the dreaded foreclosure letter. How can that be? FOX 4 investigates one company’s tactics and what the state is (or isn’t) doing about it.


In Texas, servicing companies don’t have to be licensed. In fact, no one is regulating these types of companies…not even the Texas Department of Savings and Mortgage Lending.

Shores is still angry that servicing companies have so much power over homeowner accounts yet no one is looking out for consumers in Texas.

“They don’t answer to anybody. That’s the issue,” said Shores. “They need accountability…huge accountability.”

The Texas Attorney General’s Office will not confirm or deny an investigation in to American Home Mortgage Servicing, Inc.

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American Home Mortgage Servicing Inc.(claiming to be the loan servicer)  has always been doing business as American Brokers Conduit (the loan originator).

Illegals were buying homes from AHMSI........watch the video



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