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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John Lewis

The last time the battle was fought we lost the  contributions of, Texas, cmc, George Burns, Angelo, inquiring, Bill and mostly William A. Roper Jr and others ~ each giving their time and experience to help guide many of us to save our home without any reward other then the satisfaction of ‘helping’!

Too all the critics I simply suggest that you just read older posts and see who backs up their input with actually verifiable case law, statues etc…. and those that don’t.

Re Mike H – I too, like Angelo, specifically requested that he present just one simple Court ruling based on his theory ~ to date not one case has been cited!

I selflessly want msfraud to be the site it was when I found it over a year ago, educational, straight forward with well thought out points of view…. So my suggestion is that just one clarifying response be made of the dangers posed by the self serving, and then just not reply to the inarticulate. I simply do NOT want to again lose the contributions of ka and the many others who have started to repost here!

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Hello, I have filed Chapter 13 Bankruptcy. What needs to be done to start a Quite Tile Action at this point?

Signed, Desperate
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Sam
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Hello, I have filed Chapter 13 Bankruptcy. What needs to be done to start a Quite Tile Action at this point?

Signed, Desperate


There exist some sound, viable defensive avenues in a bankruptcy setting. "Quiet Title" is a scam perpetrated by debt elimination scam operators to swindle distressed borrowers out of their last few dollars.

In a bankruptcy setting, the credit will have the burden of proof in a proof of claim proceeding or on a motion for relief of stay.

If you file a quiet title action, you will be the plaintiff and YOU will have the burden of proof as to every aspect of YOUR CLAIM. So why don't you carefully consider what you believe to be the incontrovertible evidence which would support your claims.

The ONLY quiet title actions that have ever succeeded in the post meltdown evironment in the United States are cases where the creditor slipped up and failed to answer. Even in these cases, the creditor usually obtained relief from the judgment by filing post-judgment motions.

Also, one of the central tenants of the debt elimination quiet title scams is that a borrower can obtain relief from the debt and lien by suing some entity other than the actual holder. Here, the debtor later sorely discovers a basic principle of American (and English) jurisprudence is that a judgment cannot bind a non-party to a suit. So getting a judgment, even for quiet title, as to a party other than the actual creditor is usually unavailing.

But it is not as if such judgments are occuring with any frequency. Rather the entire "quiet title" defense is simply a scam using a plausible legal theory which never actually works in practice to accomplish anything other than lining the pockets of the scam artists and swindlers at the distressed borrower's expense.
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The problem with filing Bk is that you ruin your credit right
away. All your credit lines will be closed, even if you are current and only disputing ownership of the real estate obligation.
The main problem in doing a Quiet Title is the difficulty in
finding an attorney certified in US Federal Court willing to handle the case.
I have been involved with a QT since May of 2011. It was filed
in Fl.State Court but the defendants immediately got it transfered to US Federal Court. So far, we have proved that at
least two different investors claim to own the same obligation.
The basis of the QT is the 1912 Fl. Sup. Ct case Scott vs Taylor.
One can study that case on Google scholar. We survived the inevitable Motion to Dismiss based on that case.
Also, paragraph 20 of the Fannie mae mortgage was helpful when
the lawyer justified the "two investors" same Note, by saying
it was legal because the borrower gave permission.
One of the defendants, GMAC filed for Ch 11 so that put everything on hold, but trial is set for Dec 2013, so that gives
the borrower lots of time to straighten out his finances without
having to file for BK, which he would have had to do without the
QT.
The objective has always been to discover the true holder of
the obligation, if any, so he can do a loan mod "cram down" to the value of the property. If no one owns the obligation, then
why pay the servicer? That's the rationale behind QT.
It began when it became evident, that the servicer was
"stone-walling" on the identity of the true owner of the obligation.
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Moose
Ron wrote:
Hello, I have filed Chapter 13 Bankruptcy. What needs to be done to start a Quite Tile Action at this point?

Signed, Desperate


Ron, as usual, this isn't legal advice, but consider the fact that once you obtain protection from your creditors by filing and your bankruptcy repayment schedule is set in place, you are no longer in a position to run your own financial affairs - everything you do in terms of property must have the approval of the bankruptcy court.

Because the court will establish who gets what and when, in order to file such an action involving real property, you'd have to petition the bankruptcy court for permission.

Having said all that, despite what Mike H. keeps claiming, quiet title is far more myth than reality.

Moose


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