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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gretel
so...you can't modify a loan if you file bankruptcy...nobody can modify anything if there is a bankruptcy. Right? Meaning if there is a party in a bankruptcy, any talk of modification was lip service, right? Am I right?
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texas
only can modify a loan with a real party in interest that has rights
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gretel
I thought that once a person filed bk, no mod was allowed. Here's my concern: what if the bank or servicer is in bk? It goes both ways. I think that system is set up to actually protect third party guys who are the un-necessary parties. Hence, no modifications. Or maybe the trustee could modify something. But the contracting parties can't. So if that is true, and our lender was in a bk, then none of us had any hope of a mod. That was the reason people got yanked around?
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despritfreya
What are you talking about?  Filing bk, either by the lender/servicer who may or may not be reorganizing under a Chapter 11 or by the borrower, does not stop either party from discussing a potential in-house or "Making Homes Affordable" loan modification.  All that is needed if such discussions occur before the entry of a discharge, is a written understanding that such communication will not be deemed a violation of anyone's bk rights.  This is done all the time.  If the property is your primary residence and the lender does not have additional collateral, the bk court cannot force a modification but that does not mean the parties can't try to work something out on their own.  

Des.
Des
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