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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Dose anyone one know if they pass the new law they wanted to past about bankruptcy court judge Modify primary residence. Mortgage Today my bankruptcy lawyer called me and said I have to go to court on the 18 because EMC wants to lift the automatic stay they want my home Smurf

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Ed Cage
You need to post more details Smurf.
Start with what state you live in..
Ed
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upstate New york

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Moose
As I understand it, the law has not cleared the Senate committee.

Moose



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Thank you Moose.Smurf

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Smurf:

I cannot emphasize enough that you need to (a) CONTEST the motion for relief of stay and (b) engage in meaningful DISCOVERY.  It is LIKELY that the mortgage servicer has MISREPRESENTED some aspect of their interest in the mortgage arrangement.  FABRICATION of socuments, including the assignment, is NOT uncommon.  You need to FORCE these guys to put their FALSE EVIDENCE into the record.  Then you should PROVE the evidence to be FALSE.

If you E-MAIL ME copies of the PUBLIC RECORDS filed in your case, I will take a look at them and identify the readily identifiable false statements and fabrications.

Also, make sure that you obtain a printed copy of Professor Katherine PORTER's study showing the errors and irregularities by mortgage servicers in a bankruptcy setting.  Make sure you have some sort of motion asking for the Court to take judicial notice of the Katherine PORTER study and/or an affidavit proving up the copy, to include a LINK to the public website where a copy of the study may be found.

Consider using one or more of the recent Ohio cases to show that plaintiffs are routinely UNABLE to demonstrate their actual ownership of the alleged mortgage indebtedness.

I HOPE YOU ALREADY HAVE A CAPABLE LAWYER! 
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yes I have my bankruptcy lawyer that handle the cause before but he not that good.Do you have to keep the same bankruptcy lawyer.Smurf

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noodles

Moose wrote:
As I understand it, the law has not cleared the Senate committee.

Moose

In laymans terms, please. What law is it you are speaking of?
i havent heard of this one.

Thank you
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noodles
Smurf,
I am so sorry to hear the stress you must be under at the moment.

We were in a chapter 13 bankruptcy, and EMC tried to invoke a "Relief from stay" motion on our home SEVERAL times.
The SOBS never succeeded thank God.
It was always stressful.


Here's a small list of definitions, for those who might not understand.

When a person files for a chapter 13 bankruptcy, if they are a home owner, the filing of the Chpt. 13 "Automatically" gives them "Staying Power" in their home.
this is called "AUTOMATIC STAY".

This means that the home which is in jeopardy cannot be immediately Foreclosed upon.

After Several months have passed, and the SERVICER who originally wanted your home, (which very well may be the reason you filed the Chapt. 13 ) might try to come at you again, to retain possession of the home; by ULTIMATELY FORECLOSING on you.

This is often times (more often than not) done by the SERVICER creating fake fees, bogus defaults, adding unnecessary Insurance & billing the Home Owner. (many various other ways to make a borrower "LOOK" as if in default.)

Once the SERVICER, has created the Fake default against the borrower, they MUST file a petition with the courts. The PETITION they file is generally called "RELIEF FROM STAY"
or "RELIEF OF STAY"
This means...... The SERVICER is trying to have your "AUTOMATICALLY" protected home, dissolved from your bankruptcy and means.... if they succeed AT THIS HEARING your home is now UNPROTECTED by the Federal Courts, and it is now going to be FORECLOSED on.

Again, if the "Relief of Stay" is granted by the Chpt. 13 courts, then the SERVICER will have every right to begin the FORECLOSURE process.

The SERVICER will then have to abide by the state law, and register the Foreclosure in your local paper.
This will give you some time to find another possible solution.

STAY AWAY FROM FORECLOSURE RESCUE COMPANIES, DO NOT RESPOND TO Advertisements you get in the mail.
If you get a phone call from one of them, hang up.
Do NOT talk with people who have come to your door.
They will make matters worse.

**Smurf, right now... you need to be gathering ALL of your documents and proof of payments you have made on the home to take with you when you GO TO COURT.

I have several questions for you: Please don't provide too many details, just the basics.

1. Are you current with your payments to the Trustee?
2. Are you current with your Mortgage Payment?
3. Why is the SERVICER trying to take your home? Have they placed an Insurance policy on your home and charged you for it?

4. What exactly is their reason for filing the "Relief of Stay"?

Please stay away from too many details. But give enough to work with.

We can't help you if we don't know more.
Good luck and try to stay calm.
Prayers sent your way.
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Noodles
 
1).Yes we are current with trustee payment
 
2).they told my bankruptcy lawyer that we owe DEC Jan and now Feb
our monthly payments are 2,403.98 we had pay Dec the rear bal was one hundred and fifty two dollars and six cent that including late fee.We had paided 2,300.00 of Dec Mortgage and they told my lawyer we owe all of Dec. We do owe January.but today I send them the 152.06 baI of Dec  and
1,400.00.Jan Payment.so Our bal for Jan will be 1,052.06 that with the late fee and that if they take the payment.We got back up because my husband change jobs and because we had to get oil for the house. When they file Feb wasn't even here today is Feb 1,2008 and we have until the 16 after that it late fee that what my papers say.
 
 
3) yes they wants our home and No we paid our own insurance
 
My lawyer told us just to try and pay the rear before we go to court.
 
4). Because they said we owe DEC,Jan and Feb
 
 
Noddle thanks for the parys and yes we are real stress. Smurf
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Noodle the one that congress talk about the bankruptcy Judge modifying Mortgage loan for primary residence the ones in bankruptcy.

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noodles
Smurf,

Ok, sounds like you are in a good position.
But some further questions.

How did you pay the rest of Dec, and the partial of Janurary?
did you pay them via internet, on their website, through the internet & your banking account? Western union, or phone payment, or by US POSTAL SERVICE?

You will want to check your bank account daily if you paid by check or debit card transactions. If they cash your payment then you are in a better position. If they have not cashed the payment within a few days you might want to consider a "stop payment" option done by calling your bank.

Take note there is usually a fee for this around $20-25.00

So what do you do after you have made a "stop payment"? You get a cashiers check or Money order. (a money order is cheaper.) for that amount, and get it to your ATTORNEY ASAP. You will want your attorney to hold your payment until the Court Date.

When you drop your payment off at the Attorneys office make SURE you keep your copy of the Ceritifed check, or Money order. And BE SURE TO GET A RECEIPT FROM YOUR ATTORNEYS OFFICE STATING, YOU HAVE DROPPED OF $X,XXX.xx in money order made payable to the "MORTGAGE SERVICING COMPANY".
 
I have more suggestions to share with you but do not want to bombard you with too much at the moment.

We have been in your exact situation with EMFC.


no need to thank me for the prayers; but YQW!
G. B.

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noodles

William A. Roper, Jr. wrote:
Smurf:
I cannot emphasize enough that you need to (a) CONTEST the motion for relief of stay and (b) engage in meaningful DISCOVERY.  It is LIKELY that the mortgage servicer has MISREPRESENTED some aspect of their interest in the mortgage arrangement.  FABRICATION of socuments, including the assignment, is NOT uncommon.  You need to FORCE these guys to put their FALSE EVIDENCE into the record.  Then you should PROVE the evidence to be FALSE.

Bill, Please explain to her, how she does this. I'm curious too, as we were clueless about chpt 13 (when we were involved in it) Now however, I understand Chpt.13.

A shame our Attorney never educated us to the chpt 13 procedures.

We also were NEVER ALLOWED to speak with the TRUSTEE to show OUR PROOF OF PAYMENTS on supposed loan.

We were FORCED to pay EMC money we DID NOT OWE them in order to keep our home each time. Most times it was well over $3000.00 upfront and a God Forsaken, agreement that we would pay over half of a normal mortg. payment , along with a mortg. payment every month for 6 months.

so we're talking a mortgage payment and over half of another.
every month for 6 months.

I don't want this happening to her. when this happens there is no food on the table. No money for a pack of gum, and you are lucky if you can afford a pack of Walmarts .50cent hot dogs.

Smurf........ I just had an idea. You said your attorney isn't
doing his job.
You might want to speak with your attorney and let him or her know that you are aware of Bankruptcy Attorneys being on the side of the SERVICER, when they are supposed to be working for their Client.

Make sure you don't accuse him/her of this. But do LET your attorney KNOW, YOU ARE AWARE!

Maybe he will start working for you a little bit more. (hopefully alot more).

Better yet, ask him if he has informed himself of Mortgage Servicing Fraud.

wait for the answer, and then hand him a print out of  (Professor Katherine PORTER's study showing the errors and irregularities by mortgage servicers in a bankruptcy setting.) as Mr. William Roper Jr. advises.




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I did print a copy of Professor Katherine Porter's study showing the errors and irregularities by mortgage servicers in a bankruptcy that Mr. William Roper Jr. advises me.by the way thank you Mr. William Roper Jr. As for my lawyer he OK it just that I feel he could do more. He dose call me right away when something happens and lets me know. How could I say this? Like when EMC came out with that mod square thing saying they were going to help and modify people loan well I called them and they told me they would only talk to my lawyer not me so I called my lawyer and ask him to talk to them about modifying loan and all he did was get a breakdown of my payments to EMC and then he bill me for over a 1,000.00 something for getting the break down of my payments  which I am still paying him.and he just told me he spoke with their lawyer and that the lawyer would get back to him and noting ever happen

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 I really don't understand this comment that much could you explain

You need to FORCE these guys to put their FALSE EVIDENCE into the record.  Then you should PROVE the evidence to be FALSE.

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Smurf what William Roper is trying to tell you is that he senses (As I do) that
your servicer very likely is trying to hide some weak areas that can be exposed
at a proper Discovery. (Interrogatories are easy and inexpensive to execute btw.)

 

Next Bill is trying to emphasize as I am that if you can get some
misrepresentation(s) entered into the record it seriously discredits the servicer. 
That's possibly what your servicer is trying to hide by wanting to rush ahead.

 

Smurf this is some of the best advice you will receive at this late stage in a
tough battle and it is a good reason for optimism at a minimal expense of time
and money. Once you *discredit* the servicer you have scored a major victory in

an admittedly uphill battle. It’s good advice from both WAR and Mr Ed.

 

On the other hand this absolutely terrible advice from noodles has

catastrophe written all over it:

"You might want to speak with your attorney and let him

or her know that you are aware of Bankruptcy Attorneys

being on the side of the SERVICER, when they are
supposed to be working for their Client.”  - noodles OFF

 

I know noodles means well but only the prayers from her are helpful. I'm not
attacking you noodles but giving people advice (like your above quote) who are
running out of both time and money is dreadful input.  Keep praying noodles
but advice like you gave above can alienate the one friend Smurf has at this
very late stage.

 

Here’s yet another quote from noodles on the same subject:

“..our Bankruptcy Attorney was paid off or bought out by
EMC, or their attorneys.”  - noodles OFF  

 

Smurf the chances your attorney will sell you out and risk disbarment are very
remote.
 
Instead seek the other more productive path that WAR and I encouraged: 
Pursue Discovery (It’s inexpensive through interrogatories and sworn affidavits).
If and when you can get some false information by the servicer into the
evidence your position will brighten substantially. If it fails to produce
damaging evidence it still was worth the effort vs. the potential high reward.

 

Tell your attorney you wish to do Discovery Smurf. If he fully convinces you it's
a waste of time and money then do what he says.

 

Ed Cage  |  1804 Cross Bend, Plano Texas 75023  |  972-596-4363 |  ecagetx@gmail.com

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noodles
Ed,
It's not a problem.
 
Smurf, I agree with everything Bill (Mr. William Roper Jr.) has said here, and trust him fully, and hope you follow his advice.
 
Smurf said: "yes I have my bankruptcy lawyer that handle the cause before but he not that good.Do you have to keep the same bankruptcy lawyer.Smurf"
 
Being aware of many, many others who have suffered at the hands of their bankruptcy Attorneys, Smurf needs to be careful.
 
This is said, based off of smurf's statement.
 
Her attorney is a bankruptcy Attorney, & he's in & out of the Courts so much he should know how to represent her appropriately, and should know how to do it very, very WELL.
and if he's not.....doing the job very well, there is reason for concern, and caution should be noted to her.
 
They are just like the EMC telephone Customer Service representatives, "they lie very nicely & politely"--- or at least ours did. And again, this is not just our Attorney.
 
Let it be duly noted that this is not to attack you either Ed.
Ed you said:"Keep praying noodles
but advice like you gave above can alienate the one friend Smurf has at this
very late stage."
 
If her Attorney has never misrepresented her, he wont have a problem. He might actually be interested to learn more. On the other hand if he has ever been involved with misrepresentation, she should find he works harder for her.
 
Pointing out the frauds committed in the Bankruptcy Courts, and her knowledge of those frauds by either conversation, or handing her Attorney a copy of Kathleen Porters study, is not going to cause smurf problems.
In fact discussing the issue, is the same as Providing a copy.
Do you now suggest she not provide a copy of Kathleen Porters Study?
 
Smurf, make sure you have a copy to take with you also, when you go to Court.
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My Attorney called me when he received the papers. He said we have to go to his office Monday to talk to him and take him prove of my Mortgage payments. Receipt of my mortgage payment which I print from the computer with ref # and when they take the money they send me an email that it was paid so I print those out to because I paid my mortgage threw banking on line. I yet don't know what he want to do I know he said we have to go to court I will find out more on Monday when I see him. I am going to tell him that if he feel noting can be don't to tell me up front before I committed myself to have to pay him for noting like he did when he just got the break down. Oh and we received our papers yesterday both my husband and I got a packages this is the day they file on January 17.2007

 

This is what they said on the petition The debtors has fail to make post petition payments for the month of DEC up though and including the date of instant motion and their after up arrears due is 3,219.42 which figure is comprised of two monthly payments of 2,403.98 , plus attorney fees and cost of 500.00 less debtors suspense account balance of 2,088.54

 

That by failing to make the aforesaid mortgage payment, Debtors have file to provide MortgageIT with adequate protection for it security, contrary to requirements of the bankruptcy court. Where fore, MortgageIT inc. respectfully request an order vacating the automatic stay as it pertains to the premies ------Our home address and for such other and further relief as is just and proper. MortgageIT /EMC mortgage crop It also state that mortgageIT hold our note and it has a lot more.

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oh ok this is Katherine Porter

Borrowers Face Dubious Charges in Foreclosures

David Lienemann for The New York Times

In a study of foreclosures, Katherine Porter of the University of Iowa found questionable fees on almost half of the loans. Such fees can make the business of loan servicing even more lucrative.

Published: November 6, 2007

As record numbers of homeowners default on their mortgages, questionable practices among lenders are coming to light in bankruptcy courts, leading some legal specialists to contend that companies instigating foreclosures may be taking advantage of imperiled borrowers.

Because there is little oversight of foreclosure practices and the fees that are charged, bankruptcy specialists fear that some consumers may be losing their homes unnecessarily or that mortgage servicers, who collect loan payments, are profiting from foreclosures.

Bankruptcy specialists say lenders and loan servicers often do not comply with even the most basic legal requirements, like correctly computing the amount a borrower owes on a foreclosed loan or providing proof of holding the mortgage note in question.

“Regulators need to look beyond their current, myopic focus on loan origination and consider how servicers’ calculation and collection practices leave families vulnerable to foreclosure,” said Katherine M. Porter, associate professor of law at the University of Iowa.

In an analysis of foreclosures in Chapter 13 bankruptcy, the program intended to help troubled borrowers save their homes, Ms. Porter found that questionable fees had been added to almost half of the loans she examined, and many of the charges were identified only vaguely. Most of the fees were less than $200 each, but collectively they could raise millions of dollars for loan servicers at a time when the other side of the business, mortgage origination, has faltered.

In one example, Ms. Porter found that a lender had filed a claim stating that the borrower owed more than $1 million. But after the loan history was scrutinized, the balance turned out to be $60,000. And a judge in Louisiana is considering an award for sanctions against Wells Fargo in a case in which the bank assessed improper fees and charges that added more than $24,000 to a borrower’s loan.

Ms. Porter’s analysis comes as more homeowners face foreclosure. Testifying before Congress on Tuesday, Mark Zandi, the chief economist at Moody’s Economy.com, estimated that two million families would lose their homes by the end of the current mortgage crisis.

Questionable practices by loan servicers appear to be enough of a problem that the Office of the United States Trustee, a division of the Justice Department that monitors the bankruptcy system, is getting involved. Last month, It announced plans to move against mortgage servicing companies that file false or inaccurate claims, assess unreasonable fees or fail to account properly for loan payments after a bankruptcy has been discharged.

On Oct. 9, the Chapter 13 trustee in Pittsburgh asked the court to sanction Countrywide, the nation’s largest loan servicer, saying that the company had lost or destroyed more than $500,000 in checks paid by homeowners in foreclosure from December 2005 to April 2007.

The trustee, Ronda J. Winnecour, said in court filings that she was concerned that even as Countrywide misplaced or destroyed the checks, it levied charges on the borrowers, including late fees and legal costs.

“The integrity of the bankruptcy process is threatened when a single creditor dishonors its obligation to provide a truthful and accurate account of the funds it has received,” Ms. Winnecour said in requesting sanctions.

A Countrywide spokesman disputed the accusations about the lost checks, saying the company had no record of having received the payments the trustee said had been sent. It is Countrywide’s practice not to charge late fees to borrowers in bankruptcy, he said, adding that the company also does not charge fees or costs relating to its own mistakes.

Loan servicing is extremely lucrative. Servicers, which collect payments from borrowers and pass them on to investors who own the loans, generally receive a percentage of income from a loan, often 0.25 percent on a prime mortgage and 0.50 percent on a subprime loan. Servicers typically generate profit margins of about 20 percent.

Now that big lenders are originating fewer mortgages, servicing revenues make up a greater percentage of earnings. Because servicers typically keep late fees and certain other charges assessed on delinquent or defaulted loans, “a borrower’s default can present a servicer with an opportunity for additional profit,” Ms. Porter said.

The amounts can be significant. Late fees accounted for 11.5 percent of servicing revenues in 2006 at Ocwen Financial, a big servicing company. At Countrywide, $285 million came from late fees last year, up 20 percent from 2005. Late fees accounted for 7.5 percent of Countrywide’s servicing revenue last year.

But these are not the only charges borrowers face. Others include $145 in something called “demand fees,” $137 in overnight delivery fees, fax fees of $50 and payoff statement charges of $60. Property inspection fees can be levied every month or so, and fees can be imposed every two months to cover assessments of a home’s worth.

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Smurf I'm convinced you are on the right track. I believe you now

recognize advice like this below which will likely offend your attorney

is simply not in your best interest at this very late stage. ..Unless you

have clear and convincing evidence your own lawyer is somehow

risking disbarment in an effort to be “on the side of the SERVICER”

instead of you.

                      

"You might want to speak with your attorney and let him

or her know that you are aware of Bankruptcy Attorneys

being on the side of the SERVICER, when they are
supposed to be working for their Client.”  - noodles OFF

 

“..our Bankruptcy Attorney was paid off or bought out by
EMC, or their attorneys.”  - noodles OFF 

 

Back to what you asked originally to William A Roper.. (I answered

for him because I know your time is short and I happen to know WAR

is currently tied up with other priorities and may not be able to answer

in time.)

 

More importantly I know exactly what he was saying and it is excellent

advice that you need ASAP and I didn't want anyone to plant the seed

in your mind at this crucial stage with time running out, that your own

lawyer might sell you out.

 

What WAR and I are both trying to tell you is that Once you *discredit*

the servicer you have scored a major victory in an admittedly uphill battle.

Personally I'm suspicious that your servicer may be overly anxious to

rush things.

 

            Forget about doing anything at this late stage

                        that may alienate your attorney.

 

Instead seek the other more productive path that WAR and I encouraged: 
Pursue Discovery and Production (It’s inexpensive through interrogatories

and sworn affidavits). If and when you can get some false information by

the servicer into the evidence your position will brighten substantially.

If it fails to produce damaging evidence it still was worth the effort vs. the

potential high reward.

 

Smurf I suggest you tell your attorney you wish to consider Discovery. If he

fully convinces you it's a waste of time and money then do what he says.

 

Ed Cage  |  1804 Cross Bend, Plano Texas 75023  |  972-596-4363 |  ecagetx@gmail.com




 
 
 
 

 
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OK I when to my bankruptcy lawyer today I gave him the receipt and Remember I said I pay on Friday that I pay the one hundred and fifty something and half of Jan well this morning I was praying that they took it because they use to wait a long time to take the money but lately they been taken it right away let say I pay on Monday by Tue they would take the money my bank send it to them by electronic payment them my bank send me an email that it was paid. So this morning  I turn on the computer and open my mail I had the receipt their they took both payment so I took that to my lawyer to and he said we mate be able to get out of it because they took payment which I hope. I also gave him Katherine Porter Report and I gave him a copy of the bankruptcy law that they are trying to past the H.R. 3609, the “Emergency Home Ownership and Mortgage Equity Protection Act of 2007" that but he said that if it pass that it will take a while. I he said the reason I never told you let take the cause to court about your Mortgage company it because they have lots of money and it would cause you a lot it has to be one of these lawyers that take the complain with a group of people. I think he just worry about the money because he know we don't have the money to really pay him. I just hope and pay that he could stop it. Smurf

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Did any of you notice who had my mortgage note on the papers from court it said Mortgagit and the EMC is their server.

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I mean MortgageIT

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Smurf:

I generally concur with the guidance that Ed CAGE has given you in my absence. 

Bear in mind that litigation IS expensive.  Even DISCOVERY is expensive when prepared by your lawyer and since you are represented by an attorney, he will have to be the one to prepare and serve discovery.  But discovery is generally LESS EXPENSIVE than court appearances.  And good solid questions tend to lock down the facts.

But from your posts subsequent to my prior post, your description of how expensive it was for your lawyer to just make a routine inquiry relating to your balance, etc., is rather typical.  When you are represented by an attorney, the mortgage servicer WILL drag things out and chew up YOUR ATTORNEY's time with the express intention of financially EXHAUSTING YOU.

I actually DISAGREE with noodles.  I do NOT think that these bankruptcy attorneys are CORRUPT or working with the lenders.  But many are just NOT very capable attorneys.  And yet they know their way around the courthouse and CAN help you avoid many pitfalls.

Even if you read the law extensively and sought to represent yourself, you will find that most legal texts and cases give very little guidance as to actual legal practice.  This comes with experience.

I think that it would be a grave mistake to try to switch lawyers.  I think that this would only drive your costs higher, as the new lawyer only just begins to acquaint himself or herself with your case.

I am totally sympathetic as to how costly it is to get a lawyer to do very routine things.  This is one of the reasons that it is ESSENTIAL to get a lawyer who is reasonably experienced and competent in the particular area of the law in which you need help. 

The mortgage servicer's lawyer does foreclosures almost EXCLUSIVELY.  They know exactly what they are doing, but they cut corners and make serious legal mistakes every day.  If your lawyer does just a little bankruptcy work or does consumer bankruptcy, but has little knowledge and experience with mortgage servicing fraud, then you are paying him to LEARN this area of the law and no one defendant can usually AFFORD to pay for his attorney's education.

*

In assessing your various alternatives, the financial magnitudes and the value of the house and your net equity in it are important.  If you have little or no equity, then you need to weigh what you must pay your attorney out of pocket to get a marginal result with what you would lose if the foreclosure goes forward.  Similarly, your other financial circumstances are important, as well.

If you have much equity in the property, then the mortgage servicer is going to continue to bear down, because they can STEAL YOUR EQUITY and use it to pay themselves and their lawyers through a successful foreclosure.  If you have negative equity, it is in the mortgage investor's interests to do some sort of workout and to keep you in the property and paying.  But corrupt employees of mortgage servicer and the foreclosing attorney may benefit from foreclosing on the property, because they do NOT bear the loss when the value of the property doesn't cover the mortgage amount.  The lawyer gets his fee and the corrupt employees girlfriend or cousin-in-law makes a brokerage profit selling the foreclosed property for the mortgage investor.

I PREFER to represnt myself pro se.  But I would NOT recommend it to others.  I already know a LOT about the law and legal research.  Most people do NOT.  The average person just is NOT going to get up to speed on teh law or local practice in time to avoid gettign crushed.

So you need to educate yourself and ask GOOD QUESTIONS, but then trust your lawyer.     
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I took out a home equity loan to pay off medical bills and do so some home renovations.  I had been paying on the equity loan from (1996 to 2004).  The foreclosure nightmare began with my home. The mortgage servicer was not only going to only foreclose, but had the auction scheduled with an auctioneer to steal my home.  This was not a new home purchase.  I already owned my home and I had already paid closed to ($85,000) on my loan prior to foreclosure.  After the foreclosure, I learned that I had a sub prime predatory loan and that it was all interest with a $80,000 balloon payment that is due on demand in (30) days when it matures in a couple of years.  The broker did not tell me about this.  My interest if (12.125) percent and my mortgage payment is ($917.20) a month, which takes most of my money to pay this; by the time, I pay the homeowners insurance and property taxes.

If it were not for the load of letters that were sent to me in the mail by bankruptcy attorneys, I would have lost my home.  However, the bankruptcy attorneys, I hired did save my home, but sold me down the drain to the mortgage servicer.  They never reviewed my loan documents or questioned any of the paperwork that the mortgage servicer filed with the bankruptcy court.  The mortgage servicer falsify back monthly payments arrearages and also the principal loan amount balance.  They filed with the court that I owed them ($7,500) in back payments, which was not true.  Also, that I had only paid ($5,000) on my loan balance.  When I asked my lawyers to filed papers denying this, they refused and left me to take care of all of this with the court myself.  The only thing my lawyer did was order me to pay a ($221.00) trustee payment to the U. S. Trustee's Office for (5) years.  However, I  did get the back mortgage payments resolved down to ($1,800), but I have not been able to get any assistance from the court with predatory lending violations brief I filed myself as Pro Se. 

I hired another attorney to help me, but he stole $1,300 of my money.  He entered his appearance, but never filed any type of motions with the court.   When I complained to the head attorney, he told me that he knew the attorney representing the mortgage servicer very well.  Also, that he was a "REPUBLICAN" and he leaned more towards corporate business interest then to the interest of the consumer.  My case has been sitting for over a year, along with the motion request to return my $1,300 back to me.

The bankruptcy modification bill really needs to get passed to stop the above run around from happening to other homeowners.
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