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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Imagine my suprise last Friday when I opened my mail to find a statement from BOA attempting to collect a payment (due yesterday by the way) for a mortgage that we had discharged in bankruptcy TWO YEARS AGO!!!

I immediately called the law firm that had represented us in the bankruptcy, which was due to the mortgage servicing fraud in the first place.  I faxed them the notice and they said they would handle it.  By the way, BOA was not our servicer when we owned that home either.  It must have been transferred to them somehow post-bankruptcy.  Our servicers were Wilshire and Countrywide, which transferred to Litton - the straw that broke the camel's back so to speak.

We've been out of the home since Aug. 2008 and now own (free and clear) a new home, in a new town.  Our old home is occupied by what we assume is the new owner or perhaps a tenant, either way it's occupied by someone else.  So, again, I was very suprised to a get a forced place insurance notice in Saturday's mail!  This one says "we know you are occupying the home and if you fail to provide proof of your homeowner's insurance, we will purchase a policy on your behalf and you will be billed xxxx for it" - ARE YOU F-ING KIDDING ME????

I hope my lawyers are up to a fight.  It was bad enough when these companies screwed us once, but to try and do it again?  Here we go!
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April,

I hope you were discharged from the correct owner of the note. I hope BOA didn't own your note at that time and you didn't include them in your BK....

Keep us posted.
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Pat
April,

Wow...just when I think I have heard it all!

I have also been discharged from my home loan in Bankruptcy. I am glad to hear you have moved on from the nightmare and have a roof over your head you can sleep without fear.

I  have recently realized that since my loan was securitized  and the bank that requested the Motion for Relief of Stay from the BK court lied.  Now that we know they were a pretended lender (servicer at best) not the true party of interest we may be discharged from nothing!

This is unthinkable after what we have been through...

We tried requesting modification, a work out for payments we were behind anything and they just would not work with us.

 Like CMC says  if someone else shows up and can prove they own the loan then we were discharged from nothing!

If this is true I plan to reopen my BK -7 file and use what we are learning to prove the fraud and then sue the pants off of them!




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Pat,

I hope you didn't move out. If you did and the home is empty than you need to move back in as soon as you reopen your chapter 7.
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Pat,

You also need to list the institution that foreclosed as an unsecured debt and disputed. That is most important...
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April,

This is sad indeed...B of A came into the pic bcuz they bought Merrill Lynch...Wilshire is a company they used prior to all of this to manufacture their fraud thru...

What is happening is a true concern. I've tried getting help in understanding issues such as this myself. As I used to be the dreadful bill collector..couldn't understand how they would place such accounts for collection after knowing they already screwed things up for the people...Its so Tough...but likely the judge won't do anything even if you file something else..they are very pro creditor. So good luck!
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April

Thanks for the replies everyone.  I'll be talking with our old bankruptcy lawyer again today.  I had called their office for a update and they asked me to check with the county recorder to see if the house had been transferred to a new owner or not.  Bank of New York bought the house back in Aug. 2008 and sold it to the new owner in Aug. 2009.  We didn't even know if there had actually been a sherfiff's sale, we were informed of very little.  There was one, that's when Bank of NY bought it.  This is more info. than we had before.  I'll see what the lawyer has to say and keep you posted. 

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