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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In the Bankruptcy case In re Schuessler, Chapter 7, Case No. 07-35608 (cgm), U.S. BANKRUPTCY COURT for the S.D. of NY, 2008 Bankr. LEXIS 1000, April 10, 2008, Decided, Judge Cecilia MORRIS sanctions Chase Home Finance LLC for filing a misleading Motion for Relief of Stay.

The sixty page opinion contains some rather detailed and vivid explanations of ht eprocess used by CHase and its attorneys.  Chase Home FInance apparently directed that JPMorgan Chase Bank REFUSE monthly payments on the Schuessler mortgage, even though the Schuesslers were NOT in default and WITHOUT informing them that the bank would refuse payment.

When the Schuesslers failed to timely make a single payment (which had been tendered at JPMorgan Chase), Chase Home Finance filed a Motion for Relief of Stay alleging that the Schuesslers were two payments delinquent.

The Schuesslers were at the time delinquent only by a single payment -- the payment REFUSED by JP Morgan Chase -- when Chase Home Finance initiated the Motion for Relief of Stay.

The case has a very detailed evidentiary discussion and cites a number of other cases which may be of interest to those in a bankruptcy setting.

Hopefully, the administrators of the MS Fraud web site will choose to post the opinion to the Legal Lounge.  In the interim, the opinion is available through both PACER and LEXIS-NEXIS and I am delighted to forward a copy via e-mail to those desiring to read it.
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You know I'll be interested. I'll look it up on Pacer. Just goes to show you can't change a tiger's stripes. I may make it even a point to call their atty.



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