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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Where most go wrong is the old "Plaintiff failed to establish a claim upon which relief can be granted".  Which means you wrote the compliant using your emotions and not following the law and procedures. And this is generally of course as lawyers do go to school for years, and years more pratice, in doing this:

-Write a chonological background as to what happened sticking to the facts.
-List a claim such as fraud
-Here is the key most miss: when making a claim you have to meet each element of fraud (our example one here)

From here is the list of elements:


To establish fraud, a plaintiff typically has the burden of proving each of the following elements:

  • The defendant made a representation of one or more material facts;

  • The representation was false when it was made;

  • The defendant knew the representation was false when the defendant made it, or defendant made it recklessly (i.e., without knowing whether or not it was true);

  • The defendant made the representation with the intention that the plaintiff rely upon it;

  • The plaintiff relied upon the representation; and

  • The plaintiff suffered damages as a result of the reliance.

For example, if the plaintiff wishes to purchase a house from the defendant, and the defendant knows the house is infested with termites, the defendant's actual representation that the house is free from termites coupled with the plaintiff's reliance upon that representation might support a subsequent action by the plaintiff for fraud. (Please note that the terms of a sales contract can affect the viability of a claim for fraud arising from the sale of a home.)

There is also silent fraud which may be even better because it includes deception, not telling all, which is what these mortgage servicers are doing day in and day out.

You must have EACH element apply in your situation or it is a "claim without which relief can be granted" or similar wording that Judges loves to use on Pro Se's.  Each element you should turn into a written fact that happened in your case - stick with one verb and one noun whenever possible. Don't go on and on...

Then write your next claim, look up the legal elements relating to it, write the facts in your experience to match. If you have a fact/occurance for each element the claim is valid. Keep each claim separate. Here look up lawsuits in your local court(s) drafted by attorneys and see how they do it. See the layout, the form, how they do it.

If you use TILA as a claim, look up the elements.
If you use RESPRA look up the elements.

You can write a lawsuit and file it, listing RESPRA for example, write some facts, then have the Judge through it out and you immediately think he/she is screwing you. It is more likely you didn't meet, and write out, all the elements of the claim, relating facts in your case to them.

Tip 1: sue one party, two at most, and then add others under Doe 1-10 or other appropriate number. It keeps your serving costs down initially, lets you feel the court waters, if you get bounced out you could file a new one using one of the other scumbag's names.

Tip 2: sue in your local state county court where the foreclosure happened. You can't get your home back or damages concerning the foreclosure in Fed. Court. It is a state issue, but you can allege civil Federal law violations in state court.

Tip 3: read other foreclosure complaints filed in your state and/or county by Pro Se Plaintiffs. See why they lost and you can at least avoid the easy reasons as to why a complaint might get thrown out.  Read 10 or even 50 others first before filing yours and your chances of success will skyrocket.

Tip 4: you yourself can't sue for fraud upon the court. It sounds strange at first but it is what it says "...upon the court" not upon you. You sue for civil fraud that you'll have to look up in your state laws. You can put in your complaint there is fraud upon the court but you can't claim it in your list of claims.

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Twists and Turns in Subpoena’s on Federal Employees or Agencies:

For documents or a deposition when your case is in a state court:

A state court subpoena cannot be used to obtain documents or to depose a Federal government person or agency. The process is to go through a request called an APA procedure and also comply with Touhy regulations. Each Fed. Agency can also have their own adopted procedure (read = obstacles) in your way of getting them to a deposition and/or documents. The freedom of information act is available too but they can claim privilege on certain docs they don’t want to give up.  

For documents using a Federal Subponea when in Fed. Court -

In Federal court, the federal government has waived its sovereign immunity, see 5 U.S.C. § 702, and neither the Federal Housekeeping Statute nor the Touhy decision authorizes a federal agency to withhold documents from a federal court. Exxon Shipping, 34 F.3d at 777-78. To the extent that any Federal regulation may be to the contrary, it would conflict with the Federal Rule of Civil Procedure 45 and exceeds any agency’s authority under the Housekeeping Statute. See In re Bankers Trust Co., 61 F.3d 465, 469-71 (6th Cir. 1995), cert. dismissed, 116 S. Ct. 1711 (1996). Accordingly, in past cases in which a federal-court litigant has come to federal district court to enforce a subpoena duces tecum against a government agency the courts have held that the district court owes no deference to the agency in ruling on whether the documents are covered by any examination privilege. See Schreiber v. Society for Sav. Bancorp, Inc., 11 F.3d 217, 220-21 (D.C. Cir. 1993); Fleet Bank, 967 F.2d at 633-34; Fairfield v. Houston Business Journal, Inc., No. 93-2842, 35 F.3d 562 (5th Cir. 1994).

For a deposition or attendance as a witness at a hearing/trial when in Fed. Court –

This is called an ad testificandum subpoena and your right back facing the Touhy regs again, IF the agency/person you subpoenaed has enacted a Tougy regulation in their policy. If they have then one must proceed under the APA. Moore v. Armour Pharmaceutical Co., 927 F.2d 1194, 1197 (11th Cir. 1991); Davis Enters. v. EPA, 877 F.2d 1181, 1186 (3d Cir. 1989), cert. denied, 493 U.S. 1070 (1990).

The agency can challenge the subpoena but you would get a hearing or at least the opportunity to file a written response. The rule is the closer the agency/person is to your case the more likely you’ll get approval. Having a document tying them to the facts of your case is golden.  

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Fantastic site here for all in foreclosure. 
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