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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Hello,

I live in [Northern] California, and does anyone know of a good attorney that knows the "produce the note" strategy?

thanks

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Know some in So Cal that can travel or assist in Nor Cal
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I'm a San Francisco Attorney.  Here's how it works:

"Produce the note" is a demand made during discovery/ at trial that basically blocks the lender from proving any case against you whatsoever (i.e., if they don't have the note itself, then there is no mortgage). 

Winning cases have resulted in the foreclosure action being thrown out of court, and the lender essentially could no longer ask for a dime ever again.

In California, it is important to get the case from Trusee Sale to Judicial foreclosure, so that you have the opportunity for discovery and for a trial in the first place (not to mention, staying in the house for much longer than you originally would have under trustee sale).  One of the ways to do this is to file a Notice of Non-Compliance under Civil Code 2923.6.  To remove the cloud, the bank has to go to court.

Another is to sue the bank for fraud, rescission, RICO violations, and the rest, and then file a lis pendens on the home.  The lis pendens serves as a cloud that the bank will have to remove.

If you are going into bankruptcy, then what you do is list the Lender's debt on your "unsecured" debts schedule.  The bank will be put in a position to have to prove that the debt is secured by your home.  How do they do that?  Produce the note.

There are many more viariations I'm sure, but these are a few prime examples.  Basically, the one thing they all have in common is that there has to be some sort of court procedure involved, because if not the bank doesn't care much for proving anything to anyone.  The bank is kind of a jerk, which is why you have to take it to court in the first place.

-MPR

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Well being mortgages are federally regulated depending on who you find might be able to represent you from any state. I've just come across someone willing to take on the case I've been fighting here in MO and file things for me in CA to make a difference for me.

Of course now I find someone after the foreclosure sale and the now approaching eviction on Nov 23.  GOD IS WATCHING THOUGH!!!!! After, my so called trial in county court where they ended up flustering me. Then I didn't show them the right documentation. I did find a new home to live in.

New not only to me and my family. A home even though I was about to be living in the streets. It's 14 yrs (instead of 32) but totally updated. A home that even if I hadn't been put in this GOD FORSAKEN NIGHTMARE I would of definitely looked at buying. If my credit circumstances were still the same as they once were. We even gained a nice deck and back yard. Two full baths instead of 1 1/2 absolutely beautiful home. Plus its cheaper than the loans I got scammed on.

But anyway, is it time to be hopeful yet? That's the million in 1 question....The Guy (from CA) claimed they charge $3900 up front usually. But because of who introduced me their waving this fee for me. And I'll have 7 attorneys ready to represent me....

TALK of CAPABILITY to PERFORM is DIFFERENT than PERFORMING....So time will tell. If I'm RIGHT...IF SO IT'LL BE PROVEN THAT ANYONE in ST.LOUIS that thinks their getting JUSTICE IN ANY COURT HERE will find the TRUTH that their NOT. The second judge here has now Dismissed or Denied my claims as FRIVOLOUS...I wonder what proof would be accepted to PROVE what I'M SAYING IS TRUE!

1.) A MAJOR COLLECTION AGENCY IN ST. LOUIS MAY BE RIPPING OFF (THEIR) CLIENTS THAT TRUST THEM TO DO RIGHT WITH THEIR ACCOUNTS.

2.) Regularly ENCOURAGED collectors to BREAK FDCPA, FCRA LAWS. That they don't triple check everything the way their suppose to before REPORTING INACCURATE INFORMATION ON CREDIT REPORTS. Or file HONEST FORECLOSURES. It's quite SIMPLE you only file something based on the PROOF presented to you to file! If NO TRUE PROOF GIVEN TO ATTORNEY DON'T TAKE CASE! HELLO LAW 101?

3.) That they've lied about their CAPABILITY to sell mortgage notes for one of the TOP 5 LARGEST BANKS IN THE WORLD. That somehow this large bank didn't know their office in CA was letting them sell mortgage notes. Claimed OHIO MAJOR BRANCH OF THIS BANK....Let me get this straight....HOW is it RIGHT to tell someone upon acceptance of employment that you have the right to sell mortgage notes for xyz bank then 2.5 yrs later your informed they LIED TO YOU? THAT THEY NEVER HAD THIS CAPABILITY!!

4.) THE JUDGES in ST. Louis aren't making them PROVE THE NOTE! A COPY IS ALLOWED PER FRCP...That's what they've accepted. Even though it was proven that  HOMEQ HAS NO CLUE WHO OWNED THE SECOND MORTGAGE they were to be receiving money on. Even now have proven they never could know! That there was ORIGINATION FRAUD BY THE LOAN OFFICER...But all of us that could of never imagined such a thing being perpetrated against us has been. Were just scum of the earth for wanting to do right.

5.)That if given the correct banker to speak with that has CAPABILITY I can produce a minimum of 5 if not 10 investors to get me out of the FINANCIAL MISHAPS I'M IN IF ATTORNEY'S AND BANKERS KNEW OR KNOW ANYTHING ABOUT BANKING!

6.) I WANT a good HOLIDAY SEASON FOR ALL OF US! I REFUSE TO GIVE UP ON MY FAMILIES TOMORROWS! OR A LOT OF OTHER PEOPLES! We've even orchestrated a way to make a self liquidating loan for people and hope for an answer tomorrow. At least we HOPE WE WILL. If we get the news we want we've orchestrated a assumable mortgage plan. This plan will pay PRINCIPAL up front on any mortgage loan. This idea works. It makes it to where a home owner might end up with an interest only mortgage for like 3% which is then also tax deductible. PRAY FOR US THAT OUR PLAN WORKS! We may get to put some families back into homes!! Then I get to continue my FIGHT in making A DIFFERENCE!!

7.) Maybe the Judge wants a copy of the letter showing where a major bank won't sell mortgage notes unless their in pools of $3-6m vs $150k per month. Or needs to talk with that bank officer about why they turned down making 10-50m per month on some of the worst loans there is...You know the one they create when they steal a home...A DEFICIENCY BALANCE NOTE.

It's AMAZING TO ME THAT THEY DON'T EVEN WANT MORE PROOF I CAN OFFER...OR BENEFIT...I'M JUST NOBODY....So now I'm thinking about sending the JUDGE MY COLLECTION SHEETS! Showing where my company told me I could accept as little as $5,ooo to sell a mortgage note or settle it...

Maybe verify the accounts I'm speaking of that I literally would of been FORCED TO BREAK MANY LAWS IF I DIDN'T VERIFY WHAT SOMEONE WAS TELLING ME!!!!

Maybe I'm insane anymore...Life to me has been BLESSED IN A LOT OF WAYS....BUT it's had some MAJOR CHALLENGES PRIOR TO ANY OF THIS...But this doesn't mean one can give up. But my gosh what are WE PEOPLE suppose to do anymore?

No matter how hard I've always tried to do right sometimes one just can't win. But to me its more than my house. It's the LIVELIHOOD that I miss. Not the MONEY BUT THE PEOPLE THAT I HELPED.....But I won't DARE anymore to offer advice to most....AFTER WHAT THE LAW HAS SHOWN ME WHEN I NEVER KNEW THE LAW TO BE THIS WAY IS SO BEYOND ME...

BUT NOW KNOW why I always advised people not to file bankruptcy. Or to always work...My Mother-In-Law is a wonderful PERSON in a lot of ways. But she always had a problem with me being a BILL COLLECTOR....But me lacking what these employers want a DEGREE....I took a lot of different jobs to make ends meet...Until I started in collections.  The industry does have some Good People. But the point I'm trying to get at is my Philosophy was WE ALL PUT OUR PANTS ON THE SAME WAY.  ETHNICITY, OR INCOME DOESN'T MATTER. Someone's CAPABILITY to ATTEMPT TO STAND UP AND PROVE WHO THEY ARE DOES...MONEY DOESN'T MAKE A PERSON. As each person is an INDIVIDUAL WITH GOD UNALIENABLE RIGHTS TO BE HEARD!

Regardless, of what I did I didn't realize my PURPOSE for the most in LIFE outside of MY JOB. MY JOB HELPED ME BE A GOOD PERSON I THOUGHT. It did provide INCOME. But it also brought on people I hadn't experienced before in the industry OR my LIFETIME in or out of work. I let them QUESTION MY INTEGRITY....My INTEGRITY IS IN CHECK!

But who would you of believed?

The people you know who advised you to JUST COLLECT THE MONEY. DO AS YOUR TOLD! The client placed the account here they know its here now COLLECT IT. Well I wonder why? WHEN accounts are charged off and not foreclosed on they do place them for a WHOPPING 30% FEE...That if YOU do whats RIGHT may take MONEY out of THEIR GREEDY HANDS!! And leave everyone else to scrape by while they DRIVE THEIR HUMMERS, CADDIES AND SUCH...

Well between the two biggest top 5 biggest banks one gave absolutely horrible accounts to collect on. The other one had alot better accounts but possibly not reported correctly. Required a call to the legal dept at said bank to have it removed from my office to make sure no one in my office was PERMITTED TO BREAK THE LAW IF I KNEW IT WASN'T SUPPOSE TO BE IN MY OFFICE. I DON'T want my old job back by the way!

I just want the dam banks to do business so I can end some of the HARDSHIPS SOME OF THE BAD APPLES HAVE CAUSED FOR SO MANY...I'M WAITING NOT WITH GUNS BUT BANKERS....MEDIA sure hasn't wanted NO PART OF ME...I'M READY FOR A JURY TRIAL....SOMEONE PLEASE SHOW ME OUR COUNTRY HAS CAPABILITY TO DO PROPER HONEST BUSINESS
!

I COULD MAKE IT A VERY MERRY CHRISTMAS FOR MANY IF I CAN FIND SOME REAL HONEST BANKERS AND ATTORNEYS! HELLO TO YOU BANKS THAT I NEED ASSISTANCE FROM AND POSSIBLY CAN ACTUALLY PROVIDE ASSISTANCE TO....

HOMEQ
WELLS FARGO
CITIFINANCIAL
CHASE

But I'm SORRY I DON'T MATTER NOW THAT I DON'T WORK FOR YOU~! But could INCREASE BANKING FEES by a few Billion. SO MUCH FOR THE AMERICAN DREAM... $65,000 A YR TO MULTI-MILLIONAIRE. ALL BY THE AGE OF 40 so I THOUGHT....

That's the aspect of banking most don't know about PRIVATE BANKING US PEOPLE WITH NO DEGREES ARE SUPPOSE TO KNOW ABOUT....Reminds me of a song I've heard many times in my LIFETIME....

BYE BYE MIS AMERICAN PIE, DROVE MY CHEVY TO THE LEVY BUT THE LEVY WAS DRY. THEM GOOD OLE BOYS ARE STEALING EVERYONE DRY. WE ALL ARE LEFT TO WONDER WHY?

BYE BYE MS AMERICAN PIE I STILL HAVE DREAMS I'M NOT READY TO DIE...I HAVE FOUR KIDS WHO NEED A MOMMY. WHO WOULDN'T UNDERSTAND M0MMY GIVING UP TO DIE OVER NOT BEING ABLE TO PAY HER BILLS. TO KEEP A ROOF OVER THEIR HEAD  THOSE WHO WISH TO STEAL FROM US AND MAKE EVERYONE CRY.

IF SOMEONE IS SO GREEDY THEY CAN'T MAKE WEALTH TO BE SHARED (AS GOD WOULD WANT) BY THOSE WHO KNOW HOW TO PUT IT TO USE THEN ELIMINATE THEM! It's really come to be a PATHETIC COUNTRY with some of the PEOPLE IN CHARGE!

BYE BYE JUSTICE IS DRY. I NO LONGER WANT TO CRY WHY? When I may be able to make a DIFFERENCE in SOMEONE'S LIFE OR OUTCOME BESIDES MY OWN? OR MY OWN IMMEDIATE FAMILY?

GOD has led me to this point. The challenge is on! He may not of made me PERFECT. But I feel close to it...And when I haven't been and I needed HIM WITHOUT KNOWING IT HE'S PROVIDED...OR A MIRACLE DID...BUT I ALWAYS GIVE THOSE TO GOD...

SO CHALLENGE TO BANKS, CONGRESS, PRESIDENT, BANKERS, ATTORNEY'S  ARE YOU REALLY IN BUSINESS? ARE YOU GOING TO END HUNGER IN AFRICA? BRING OUR TROOPS HOME? GIVE SOMEONE A CHANCE WHO BELIEVED IN THE AMERICAN DREAM EVEN WITHOUT A DEGREE? I was made HUMAN AND EDUCATED enough to of sufficed to produce numbers on accounts after you wrote them off as a loss to the tune of $100-$150k per month.I SHOWED I have CAPABILITY TO PERFORM TO HAVE A JOB BY ONE OF YOUR FIRMS... Now can you perform to save yourselves? And a FEW OF US WHO ALWAYS TRIED TO DO RIGHT TO PROTECT ALL INVOLVED?

SURE WISH THE FIGHT WAS OVER ALREADY!
 

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See here:



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Nothing surprises me anymore. Now Citi's gotten 45b out of the FEDS....Because of intentionally causing foreclosures! Wish I had that corporate jet to get to fly around in and lie to everyone in the country! Their losses are their fault! (THEY MANUFACTURE MOST!!!! )Soon enough though everyone whose approved such transactions should be taken out as well! Just more SOCIALISM! That 25b can you imagine how much the people could do with that! Or the Auto Industry should of gotten. These execs are no better than the one's at Chrysler,Gm or Ford. But poor Citi!

When instead they should be putting the FBI in their offices and collection offices to see the TRUE CRIMES THESE SCOUNDRELS ARE GETTING BY WITH! Bring in the FIRING SQUAD! From TOP to BOTTOM they all know what their doing!

NO MORE BAILOUTS! YOU'VE CREATED THE MESS SO YOU SHOULD FALL WITH IT!! PUT REAL BANKERS IN PLACE!

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