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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Bob K.
A recent decision by the Second District Court of Appeals in Florida shows that at least in that state a borrower is entitled to attorneys' fees when the borrower prevails.  The standard uniform Fannie Mae / Freddie Mac note and mortgage, deed of trust or other mortgage security instrument typically gives the "Lender" a right to recover attorneys' fees, but the provision in the instruments is not reciprocal. 

But in Florida, there is a specific statutory provision --  Section 57.105(7) -- that provides that when such provisions appear in contracts they are available to both parties

The case is:


Vivot v. Bank of America, N.A., No. 2D12-2757 (Fla. 2nd DCA June 7, 2013)


Read the case carefully, as well as the statutes and cases cited therein.  It appears that it would be a good idea to (a) make an express request for attorneys' fees in your answer and possibly even present that as a counterclaim for attorneys' fees as prevailing party, (b) cite the express statute and the contractual provisions of the note and mortgage providing for attorneys' fees, (c) prepare a brief memorandum of law citing the statute and key language from the decisions showing your entitlement for attorneys' fees.

You do not need to file the memorandum of law with your answer.  Just keep it ready and be prepared to file it with a motion for attorneys' fees at the correct time.

Under no circumstances should any borrower take this Florida decision as showing a general entitlement to attorneys' fees in other states.  Courts everywhere will enforce contracts as written UNLESS there is a specific statutory provision which conflicts with the contractual language. 

Also, this decision ought not be a basis for litigation adventurism by borrowers.  If you are sued, defend and interpose an answer to include a demand for your attorneys' fees.  But never initiate litigation in Florida in the hope or expectation that you are going to win and collect fees.  Don't fall for the Quiet Title scam!!
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