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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us

http://azcourts.gov/Portals/89/opinionfiles/CV/CV100383.pdf

Hopefully the Arizona Supreme Court will rule and make this MOOT on 9-22-2011.  FOR NOW every foreclosure lawyer in Arizona is going to cite this published opinion case against homeowners.

 


Quote 0 0
Ginger
Brindy, I think this might only apply to providing the note for inspection BEFORE commencing a lawsuit. I'm not familiar with AZ law, but presenting the note with the complaint might be a different matter.

The thing that frustrates me to no end is that a copy of the note is accepted in court. Ages old law held that the ORIGINAL note had to be surrendered to the court before judgment was rendered, to avoid a borrower's later exposure to the correct party entitled to enforce. I've tried, but I cannot find notice of when this changed. The pretender lenders probably just decided to change it and the judges failed to notice anything but that the borrower didn't pay his payment.
Quote 0 0
Write a reply...