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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This post is to request help to the experienced persons here.

I know that I must research apellate desicions in my area,
(before this I must learn the  basics of apellate research)

I work, and I do not have time on the mornings, so the only time
will be after 5 pm.

questions: can I research apellate researc on the internet?

I guess in google scholar..nexis lexis 

also, I want to know how I can prove (I know, will be difficult to prove)

that my "truste as" is non does not exist anymore, and its relation with the IRS 938 publication?

Any help, will be  very appreciate it  guys !!
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Bill

TANYA KEPPLER wrote:
This post is to request help to the experienced persons here.

I know that I must research apellate desicions in my area,
(before this I must learn the  basics of apellate research)

I work, and I do not have time on the mornings, so the only time
will be after 5 pm.

questions: can I research apellate researc on the internet?

I guess in google scholar..nexis lexis 

also, I want to know how I can prove (I know, will be difficult to prove)

that my "truste as" is non does not exist anymore, and its relation with the IRS 938 publication?

Any help, will be  very appreciate it  guys !!

With the demise of Lexis by credit card it does make it more difficult to do research on-line from home without a substantial cost.  I would suggest this site as an easy place to start:

http://www.plol.org/Pages/Search.aspx

It's free to register for access.  This will allow you to use the advanced search to search for a "term" (ie. foreclosure, trustee, assignment, note, standing, ect....) and allows you to search by state.  I have been very successful in finding recent cases, but it often will not return older/ancient cases. 

Quote:

I want to know how I can prove (I know, will be difficult to prove)

that my "truste as" is non does not exist anymore, and its relation with the IRS 938 publication?




From your post, it seems you are just beginning to form arguments and do research for your case.  I would sugest that you start with far more common and potent defenses.

You are suggesting that you want to prove your trust does not exist anymore.  What makes you think the trust doesn't exist anymore?  Why do you think it matters?  You are drifting into wing-nut land.  You are trying to research things that are SO COMPLEX that many experts can't tell who owns what.  These trusts are this way by DESIGN.  This is the PROBLEM that banks are having when they foreclose.  They can't prove the trust exists and if they own the note and mortgage.  Why would you want to prove this for them?  

You need to read the complaint and understand what their claim for relief is and what evidence it's based on.  You need to know what the requirements for this relief are in your state.  From there you can make a plan to defend the suit.  There is a large difference between a Judicial and Non-judicial state in regards to foreclosure.     


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Bill

I'm not an attorney and this should not be considered legal advice.  You should try to find an attorney!!!!!!!!!!!!!!!!!!!!!!

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Adam
I would start here:

1) Read the laws of your state concerning foreclosure.

2) Hit the Search button at MSF and search for cases in your state, read and determine the current status of this issue in your state (for example in Michigan the status is currently very anti Mers)

3) Read your mortgage, find the paragraph that sets forth the way the lender is suppose to proceed in a default situation. ( Par 22 in standard mortgages). Determine whether those procedures were followed by the lender/servicer/foreclosing attorney.

4) Go to your county and get all of the documents that have been recorded in reguards to your property ie mortgage, assignment etc.

This will give you a very basic understanding of your situation... Enough information that you can carry on a conversation with an attorney in a free consultation... 

Read as much as you can on this forum, get educated... And Make sure your attorney knows more about this portion of law and the current status of cases in your jurisdiction then you do..  


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Moose
TANYA KEPPLER wrote:
This post is to request help to the experienced persons here.

I know that I must research apellate desicions in my area,
(before this I must learn the  basics of apellate research)


I think you're trying to find one tree in a forest. Unless a ruling is challenged, there will be no appeal, which means the vast majority of case law is embedded in multiple similar decisions of lower courts where judges agree on the points of law.

TANYA KEPPLER wrote:
I work, and I do not have time on the mornings, so the only time will be after 5 pm.

questions: can I research apellate researc on the internet?

I guess in google scholar..nexis lexis 

also, I want to know how I can prove (I know, will be difficult to prove)

that my "truste as" is non does not exist anymore, and its relation with the IRS 938 publication?

Any help, will be  very appreciate it  guys !!


Investigating a REMIC trust for tax issues is problematic and an enormous waste of time - primarily because a borrower has no standing to bring an action against a trust in tax matters.

This isn't legal advice, but I would suggest you focus on key issues associated with whatever is going on in your own case.

Moose

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