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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Lily
I have contacted an attorney who agrees with much of what I've read here, especially about MERS and assignments of mortgage, and bifurcation (no question, the mortgage follows the note). It occurred to me a few days ago that CEO RK Arnold has openly testified that MERS splits the note and mortgage, but he said they reunite at foreclosure. I think he is purposely saying this to throw us off the real issues. In other words, if bifurcation is impossible, than how better to use up the borrower's time, money, and energy than to take him or her off chasing rabbits. He knows this is a weak, if not useless, argument. Many news articles and foreclosure defense Web sites advocate this as a "gotcha" issue, but it isn't.

That said, the attorney I've talked with suggested to counterclaim breach of contract. I have heard very little about this defense (even from him, my free consultation with him was time limited). Does anyone here know how this is relevant, and if it is a strong defense? I know of nothing in my case different from most other cases. Boilerplate and pre-printed documents, like those one can buy online, along with the MERS (MOM) assignment.

What would breach of contract bring into play? Is it possibly a good defense?

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