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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Looking anyone that had dealt with something similar and can direct me.

I am looking for something to use in appeal case to point out to the justices that the lower court was complicit in a deadline not being met.

In this case, the court gave 60 days and then nothing happened and the court never did anything. No scheduling a new date, no reminder, no order to show cause. Nada, nil, nothing. Then grants the defendants' motion to dismiss citing failure to comply with 60 day deadline. Here's something I found but not sure how to use it to show the justices that the lower court judges are mandated to supervise and follow through.


68607. In accordance with this article and consistent with statute, judges shall have the responsibility to eliminate delay in the progress and ultimate resolution of litigation, to assume and maintain control over the pace of litigation, to actively manage the processing of litigation from commencement to disposition, and to compel attorneys and litigants to prepare and resolve all litigation without delay, from the filing of the first document invoking court jurisdiction to final disposition of the action.
The judges of the program shall, consistent with the policies of this article:
(a) Actively monitor, supervise and control the movement of all cases assigned to the program from the time of filing of the first document invoking court jurisdiction through final disposition.
(b) Seek to meet the standards for timely disposition adopted
pursuant to Section 68603.
(c) Establish procedures for early identification of cases within the program which may be protracted and for giving those cases special administrative and judicial attention as appropriate, including special assignment.
(d) Establish procedures for early identification and timely and appropriate handling of cases within the program which may be
amenable to settlement or other alternative disposition techniques.
(e) Adopt a trial setting policy which, to the maximum extent
possible, schedules a trial date within the time standards adopted pursuant to Section 68603 and which schedules a sufficient number of cases to ensure efficient use of judicial time while minimizing resetting caused by overscheduling.
(f) Commence trials on the date scheduled.
(g) Adopt and utilize a firm, consistent policy against
continuances, to the maximum extent possible and reasonable, in all stages of the litigation.
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Bill
matt wrote:
Looking anyone that had dealt with something similar and can direct me.

I am looking for something to use in appeal case to point out to the justices that the lower court was complicit in a deadline not being met.

In this case, the court gave 60 days and then nothing happened and the court never did anything. No scheduling a new date, no reminder, no order to show cause. Nada, nil, nothing. Then grants the defendants\\\' motion to dismiss citing failure to comply with 60 day deadline. Here\\\'s something I found but not sure how to use it to show the justices that the lower court judges are mandated to supervise and follow through.


68607. In accordance with this article and consistent with statute, judges shall have the responsibility to eliminate delay in the progress and ultimate resolution of litigation, to assume and maintain control over the pace of litigation, to actively manage the processing of litigation from commencement to disposition, and to compel attorneys and litigants to prepare and resolve all litigation without delay, from the filing of the first document invoking court jurisdiction to final disposition of the action.
The judges of the program shall, consistent with the policies of this article:
(a) Actively monitor, supervise and control the movement of all cases assigned to the program from the time of filing of the first document invoking court jurisdiction through final disposition.
(b) Seek to meet the standards for timely disposition adopted
pursuant to Section 68603.
(c) Establish procedures for early identification of cases within the program which may be protracted and for giving those cases special administrative and judicial attention as appropriate, including special assignment.
(d) Establish procedures for early identification and timely and appropriate handling of cases within the program which may be
amenable to settlement or other alternative disposition techniques.
(e) Adopt a trial setting policy which, to the maximum extent
possible, schedules a trial date within the time standards adopted pursuant to Section 68603 and which schedules a sufficient number of cases to ensure efficient use of judicial time while minimizing resetting caused by overscheduling.
(f) Commence trials on the date scheduled.
(g) Adopt and utilize a firm, consistent policy against
continuances, to the maximum extent possible and reasonable, in all stages of the litigation.


Your general description is a little tuff to understand. From the little info you posted it would appear that the court ordered you to do something and when you failed the case was dismissed.

It appears you are a little confused with the legal process. The court usually does NOT schedule things, send reminders, or produce orders by it self. THE PARTIES in an action cause these things to happen.

If you want something scheduled/rescheduled YOU have to move the court to do so. If you want an order YOU have to prepare the order and have the court sign it.

It appears you neglected your duties and sat on your hands. When you didn\\\'t comply with the 60 day order (or ask for more time) the DEFENDANT asked for the case to be dismissed and it was.
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okay. I think I get it.

Sorry I wasn't clearer. Had attorney. At CMS hearing, (before lawsuit served on defendants) he asked court for 60 day extension to amend lawsuit.

Court typically says, okay on such and such date, but they didn't and attorney didn't do anything and procrastinated for two years and then days before SOL expired, he served the lawsuit (no amending).

The lender filed motion to dismiss and court granted saying lawyer missed the 60-day deadline.

Now lender is arguing to appeal court that the lower court's decision to dismiss was appropriate.

My contention is the lender filed a wrongful foreclosure knowing it wasn't me, I didn't owe them anything. Dismissing my case because the lawyer screwed up, is not in the interest of justice.

Then it occurred to me, why is the court punishing me for the attorneys action and looked at the rules and see where the judge is supposed to supervise the case through the process. How the blazes did that judge allow the attorney to drop the ball and never even send him an OSC or notify me something was wrong.

That's why I was thinking my reply should point out the court was complicit in what happened.
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Bill
Matt wrote:
okay. I think I get it.

Sorry I wasn\\\'t clearer. Had attorney. At CMS hearing, (before lawsuit served on defendants) he asked court for 60 day extension to amend lawsuit.

Court typically says, okay on such and such date, but they didn\\\'t and attorney didn\\\'t do anything and procrastinated for two years and then days before SOL expired, he served the lawsuit (no amending).

The lender filed motion to dismiss and court granted saying lawyer missed the 60-day deadline.

Now lender is arguing to appeal court that the lower court\\\'s decision to dismiss was appropriate.

My contention is the lender filed a wrongful foreclosure knowing it wasn\\\'t me, I didn\\\'t owe them anything. Dismissing my case because the lawyer screwed up, is not in the interest of justice.

Then it occurred to me, why is the court punishing me for the attorneys action and looked at the rules and see where the judge is supposed to supervise the case through the process. How the blazes did that judge allow the attorney to drop the ball and never even send him an OSC or notify me something was wrong.

That\\\'s why I was thinking my reply should point out the court was complicit in what happened.


The Supreme Court of the US addressed this exact question.

Link v. Wabash R. Co., 370 US 626 - Supreme Court 1962

http://scholar.google.com/scholar_case?case=10802310117120009655&q=agent+answer+discovery&hl=en&as_sdt=4,15

\\\"There is certainly no [cognizable] merit to the contention that dismissal of petitioner\\\'s claim because of his counsel\\\'s unexcused conduct imposes an unjust penalty on the client. Petitioner voluntarily chose this attorney as his representative in the action, and he cannot now avoid the consequences of the acts or omissions of this freely selected agent. Any other notion would be wholly inconsistent with our system of representative litigation, in which each party is deemed bound by the acts of his lawyer-agent ...\\\"

It appears you aren\\\'t going to get much mileage out of that argument.
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Thank you for the insight. Appreciate the information. Also angered by the 9 justices (lawyers) mentality that their breed is immune to the wreckage they cause.

I have been long feeling that my efforts would be better spent advocating for the regulating of attorneys, just like CPAs or building contractors, so that consumers (attorney's clients) are protected.

That opinion you posted only drives this point home. To assume a lay person would know that an attorney's actions were causing a case to be dismissed, is a unrealistic and myopic view of the justice system.


That lender filed a wrongful foreclosure on me while also foreclosing in the right person. That SOB lender got paid twice for their claimed debt and even knowing what they did to me was a crime, the DA's office said it's a civil matter. The lender has never apologized or returned any of my money.

But the court is providing lender an unjust enrichment at my expense. How the US Justices rationalize this serves justice, is insane.
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?
Can you file a bar complaint and go after the attorneys bond?
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? wrote:
Can you file a bar complaint and go after the attorneys bond?


I'm California and being told by malpractice attorneys that the guy I hired doesn't have liability insurance.

To tell you the truth, trying to get a pound of flesh out the attorney won't make what the lender did to me, okay. It was an outright crime and I've been denied justice twice.


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Zeke
Quote:
I'm California and being told by malpractice attorneys that the guy I hired doesn't have liability insurance.

To tell you the truth, trying to get a pound of flesh out the attorney won't make what the lender did to me, okay. It was an outright crime and I've been denied justice twice.


From the information you relate, it seems that only the first injustice can be ascribed to the bank. In the latter instance, your complaint seems to be with the attorney, not either the bank or the courts.

Prevailing on a malpractice action is difficult under the very best of circumstances. This usually requires not only a showing that the attorney committed serious legal errors, but also that but for these errors, the client would have prevailed.

That is a very tough standard, even when the attorney has malpractice insurance!

It seems to me that some introspection is also in order. One cannot simply hire an attorney. One needs to manage the attorney. When the attorney takes no action over an extended period, the client ought to be asking questions.

Of course, most of the attorneys practicing in this area are scam artists who are simply participating in various debt elimination scams and debt modification scams. They take a borrower's money and then simply do nothing at all. This isn't unusual. It is very, very common. These scam artists sponsor most foreclosure defense sites and then prey upon distressed borrowers.

That is why the site administrator keeps deleting posts and driving the competent contributors away. This site is not actually for foreclosure defense. It is merely a vehicle to line the pockets of the site administrator and the attorneys he promotes!
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Bill
Zeke wrote:
Quote:
I\\\'m California and being told by malpractice attorneys that the guy I hired doesn\\\'t have liability insurance.

To tell you the truth, trying to get a pound of flesh out the attorney won\\\'t make what the lender did to me, okay. It was an outright crime and I\\\'ve been denied justice twice.


From the information you relate, it seems that only the first injustice can be ascribed to the bank. In the latter instance, your complaint seems to be with the attorney, not either the bank or the courts.

Prevailing on a malpractice action is difficult under the very best of circumstances. This usually requires not only a showing that the attorney committed serious legal errors, but also that but for these errors, the client would have prevailed.

That is a very tough standard, even when the attorney has malpractice insurance!

It seems to me that some introspection is also in order. One cannot simply hire an attorney. One needs to manage the attorney. When the attorney takes no action over an extended period, the client ought to be asking questions.

Of course, most of the attorneys practicing in this area are scam artists who are simply participating in various debt elimination scams and debt modification scams. They take a borrower\\\'s money and then simply do nothing at all. This isn\\\'t unusual. It is very, very common. These scam artists sponsor most foreclosure defense sites and then prey upon distressed borrowers.

That is why the site administrator keeps deleting posts and driving the competent contributors away. This site is not actually for foreclosure defense. It is merely a vehicle to line the pockets of the site administrator and the attorneys he promotes!


WAR and others (myself included) have been saying for years there ARE foreclosure DEFENSE mills. As Zeke pointed out a large number of foreclosure defense websites are run by these mills. They are attempting to generate business. These poor attorneys (most couldn\\\'t make it in other fields) found homeowners so desperate to save their homes they were willing to pay very large amounts for very little work and few results. They found out that homeowners are willing to make large monthly payments (sometimes as much as 500.00 a month = 6000.00 a year) and the only thing they had to do was DELAY to keep getting paid. The average contested case can easily be DELAYED for 2 to 3 years. Rather than spend 4-5k for a retainer, these homeowners are paying 10,12,18, and even upwards of 20k in monthly payments while still losing their home.

This is the first blog where an attorney actually addresses these FORECLOSURE DEFENSE mills:

http://takeyourhomeback.com/?p=895

While I have not investigated this attorney or his blog to see his true intentions, a lot of what he says does ring true.
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Bill
If the link doesn\\\'t work...

FORECLOSURE DEFENSE MILLS EXPOSED
The sagging economy and sluggish housing market create the perfect environment for scams and predators, with desperate homeowners as easy prey for scammers. This blog is over-due. I strongly suspect an attack of this blog, especially from the attorneys and law firms named within. However, all statements are supported by outside sources and their own websites. The truth usually hurts, SORRY.
They make the deal sound attractive and legit. You give them money or sign documents you were not supposed to sign. Soon, you realize you’ve been placed into a worse position then when you started. Furthermore, they try to steer you away from all the free Internet sites which provide the necessary information you need and deserve to choose the right option for your situation. Mark Stopa, a Florida Foreclosure Defense lawyer recently posted a non-committal blog, attempting to avoid a potential libel suit, trying to steer people away from the free legal information that is provide in thousands of free Internet sites. Of course, he thinks that a Bar card gives him certain “God-like” powers when the advice he charges you for is really free.
Pro-se litigants, utilizing the information obtained on the Internet are winning foreclosure case, see a few examples at the links below: http://livinglies.wordpress.com/2009/01/08/its-good-to-win-take-note-pro-se-litigants-still-winning/ http://www.brevardtimes.com/2011/03/pro-se-litigants-turn-tide-in-brevard.html http://federalsoup.federaldaily.com/forum_posts.asp?TID=29578&FID=7&title=pro-se-litigant-wins-landmark-case
We are all familiar with the “Foreclosure Mills”. These are the law firms that just “cranked out” foreclosure complaints with little or no regard for the law and supporting documents, often times forging key documents. The Florida Attorney General has taken actions against such behavior. The best known was David J. Stern, see related article.
One of the biggest “legal” scams to come out of the foreclosure crisis is the “birth” of the Foreclosure Defense Mills and the Foreclosure Defense attorneys. Many of them have/had little or no experience in this area of law prior to the foreclosure crisis. They advertise on the internet, including Google Ads and “pop-ups”. They research Public and Court Records and send you “scare tactic letter saying things like “ YOU ONLY HAVE 20 DAYS”. Some foreclosure defense lawyers charge by the month or by the year. Others require an up-front retainer, sometimes several thousand dollars, plus more money as the case proceeds. And controversially, some even require the homeowner to pay a big bonus or contingency fee if the lawyer wins the case. They want their money “up-front” and never tell you they can win your case. The “birth” of the Foreclosure Defense Mills is most evident with the Law Offices of Mark Stopa. He admits to having over 1200 clients. What kind of attention do you think your case is going to get with this kind of volume?
UPDATE- APRIL 24, 2012-they need to convince stopa that the information they can provide him would be worthwhile….as a judge recently said, “Stopa, you’re a real pain”
In fact, according to Tampa attorney, Mark Stopa “I fight like hell for people, but I’m also constantly telling my clients that at the end you’re probably going to lose it” So what are you paying for? Anything he can do for you can find on the Internet and file it yourself. Stopa says he generally charges $1,500 a year, which enables clients to “get off really inexpensively” if the case is resolved within 12 months. If not, they can re-up for another year for another $1,500. “Banks want to get the judgment so they can write it off their books, but they don’t want to take title and sell the home,” Stopa said. “The LPS data shows how long it takes before they sell homes. “I’ve seen so many homeowners move out because they lose their case and then the bank cancels the sale, and the home stays empty” says Stopa. An empty house, losing value every day, then when resold a larger deficiency judgment could be obtained, HOW IS THAT FOR PROTECTING THE HOMEOWNER?
In the State of Florida, the average foreclosure takes an average of 673 days to resolve, so do the math, there goes $3,000+ for a losing case and a home. Stopa admits that his cases are similar; therefore, it is just a matter of templates and “boiler-plate” pleadings, again all available on the Internet. What makes this “legal” is the fact that the Florida Bar offers little guidance on attorneys’ fees other than that they should not be “excessive.” “Generally, lawyers should be able to correlate between the services they actually provide and the fees that they charge,” says Elizabeth Tarbert, the Bar’s ethics counsel. “Whether or not you can do that when just charging a flat fee, I don’t know.”
Mark Stopa strongly supports “Strategic Default” on his web blogs. This strongly appears to be “manufacturing” future clients. See the related comment by Harold Dozier says: March 10, 2011 at 3:20 pm : I am a real estate professional and a certified appraiser. I think you lawyers should advise people doing any kind of default, but particularly strategic default, that lenders NOW are almost all getting deficiency judgments and they are warehousing them until they have time to enforce them against the borrowers who think all they have to worry about is their credit ratings.
I know of more than one case where lawyers did not clearly advise clients that the chance of being subject to a deficiency judgment would ruin their futures. As I understand it, the lenders have 4 years in Florida to move to enforce a deficiency judgment and can then go after your assets, autos, cull your wages/salary, cull bank accounts, go into safe deposit boxes, etc. for 20 YEARS. Then they can renew the judgment for another 20 YEARS. Why aren’t people being advised of this dangerous possibility???? That the banks are warehousing these judgments now means they will begin enforcing them in the next few years and that could go on forever!!!!!!
What’s up with not dealing with this??? DO YOU NEED THIS HANGING OVER YOUR HEAD FOR 20 YEARS. The aforementioned is even acknowledged by Mark Stopa, he says:
May 2, 2011 at 2:16 pm “ Deficiency judgments are permitted in Florida. Avoiding deficiency judgments is the goal of many homeowners” He doesn’t say it’s HIS goal, only the goal of the homeowner.
Mark Stopa has been thrown out of the Court, literally. See http://4closurefraud.org/2011/04/21/out-of-control-foreclosure-defense-attorney-mark-stopa-thrown-out-of-court-literally/
Lately, Mark Stopa wrote on his own website; ”Respectfully, I’m tired of being accused of delay, of being curtly told I have 10 days to file an Answer, of being deprived of hearings, of being threatened with sanctions, etc., only to keep seeing plaintiffs get away with delays like this.” The last thing you need during your foreclosure case is an attorney that the Judges feel is doing nothing but delaying your case so he can collect more money from the client.
Do you think the Judges are fed up with Mr. Stopa. See the attached orders in the same case and you judge for yourself: http://www.stayinmyhome.com/blog/wp-content/uploads/2011/10/Order-Denying-MTD.pdf and now the same Judge’s Order to the Bank – http://www.stayinmyhome.com/blog/wp-content/uploads/2011/10/Order-Granting-MFE.pdf Apparently, at least in this case, the judge thinks it’s okay for a homeowner to get less than 10 days to file an Answer (and be criticized for delay), yet a bank gets 80 days to file a Reply to that Answer (with not criticisms about delay)
Kaufman Englett Lynd or KEL, a multistate firm with offices in Tampa and St. Petersburg, also charges by the year, although its annual fee is around $2,500.
For that “we represent you at every hearing, we work on modifying the loan,” says Jeff Kaufman, a partner in the firm. “We have actual foreclosure audits that we do on every file to determine violations” by the bank or its representatives.
The result, he says, is that “it’s not unusual” for clients to remain in their homes for up to two years, eventually vacating with cash for keys or a deficiency waiver.
Kaufman is highly critical of the practice at some firms of charging a monthly fee, typically $500.
“It’s the biggest scam,” he says. “It’s really in their benefit to make (the case) keep going and going. These cases on average, if you contest them, run from 12 to 24 months and that means $6,000 to $12,000. And the minute the guy stops paying, they’re off the case.”
They should know about scams. One of their employees, Mr. Collier represented himself as an attorney to a client. The Florida Bar confirmed that Mr. Collier is not an attorney. Here is another example:
saul_meshachJunior Member                 Join Date: Nov 2010Posts: 2
Re: KEL attorneys mortgage help Orlando…any info
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I hear you guys.

When this began, I landed in one of those type attorneys (like a fly in a spiders net). But here's the difference, I was not in default, never was even late on payment. I've always been diligent about all my payments, even utilities, that I have the payment to them no later than the day before its due.

This was an all out false NOD filed against me. The lender's attorneys or somebody got the wrong name and address. Worse, they had filed against the correct person months before they made the mistake with my property. They extorted 100K from me and 100K from the real debtor. Bot of us lost our homes and the lender walked about with $200K+.

The law firm I hired (yes I was a babe in woods making me easy pickings for these legal crooks.) Told me they were going to sue the lender for a fraudulent foreclosure, and host of other things. Said they first had to do this and that to put the foreclosure on hold. That horses behind missed the hearing and I'm out of my home that I was never in default.

I thought I got a good attorney after that. He said he was filing this and that to get my home back. I ended up with a major procrastinator. My dad died and I was dealing with that and helping my mom while that attorney told me was working on the case. Not. Kept putting his other cases ahead of me.

Then the bomb drops. Lender files motion to dismiss and the court says yes. That judge (first day on the bench) sat there telling my attorney (never once looked me in the eye) how he was just sick about what happened to me but nothing he could do because the amended complaint was supposed to have been filed back in 2010. With that my case is dismissed.

Attorney files appeal and then jumps ship saying, (you'll love this part of saga) that he had just taken over his former partners' law practice and discovered that he (my attorney) has a conflict of interest with the defendant (lender) having been their lawyer years before. The appeal court let his bail.


As for the foreclosure mills, I can tell you the times I was at the court with the first lawyer, I'm fairly sure I saw a whole bunch of those jokers and from what I witnessed, none of the judges were too impressed or patient.


It really all boils down to, it is not working allowing the attorneys to police each other because they are failing to eradicate the rats.


Its good this place is shinging a light on those rodents of the legal industry. I think it would be good to have a legitimate website that acts like a report card. Printing the good, the bad, and ugly, for consumers to look and beware, or, know who has a good track record.
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FnDoomed
The good thing about laws is that there's so many of them... Can you find a cause of action that hasn't timed-out or litigated on the merits ? e.g. a dismissal is not litigated on the merits.

My favorite web-sites are: scholar.google.com, stopforeclosurefraud.com, and this one for the forum but there's other resources here as well...

Go scholar google yourself some cases on "res judicata" and "judicial estoppel" and see if you can get the bastards through another window.

Always remember: Emotional damages are actual damages too...
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FnDoomed wrote:
Can you find a cause of action that hasn't timed-out or litigated on the merits ? e.g. a dismissal is not litigated on the merits. Always remember: Emotional damages are actual damages too...


Ironic you bring that up. When at law library I came across a thing called "Furtherance of Fraud" and I'm trying to connect the dots in how I could go after them on that. My thought is, they stole/extorted money from me, and have been making money off my money they stole. Wouldn't that be a furtherance of a fraud.


From the case law I read, it should things like, example, a loan origination fraud that homeowner didn't know they were a victim, but years later a fraudulent foreclosure, then becomes a furtherance of the loan origination fraud, thus, the tolling of the SOL on the loan origination fraud never began, because the collection of money based on fraud, and then the wrongful foreclosure, constitutes a furtherance of fraud.

Now my understanding is, furtherance of fraud is not a cause of action but rather a legal argument for why the fraud cause of action is not barred by statute of limitations.

I just haven't been able to find anything to support how the lender earning income from my money they stole, qualifies as a furtherance of fraud.


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jlcam37
That would be fraudulent conversion of property. When they record a false doc to get you to believe pmts now go to them and you pay them money, they have hijacked the money stream on something not due them, thereby fraudulently converting your property for their own use and gain. As far as SOL they are way ahead of us and by the time we figure it out we cant sue their ass, time has run out.
Fraud is usually 6 yrs check state stautes. Also try fraud in the inducement like when you signed a contract and they did not sign the same. Would this be a VALID and binding contract?? There was NONE in the first place, they never planned on giving you one dime.
They sell your signed note for cash and record a liability on the books that you owe them when they owe YOU for the cash they received for the promissory note. Then we pay them again.
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FnDoomed
There's a couple hundred hits on furtherance of fraud in google scholar.

I hate pleading fraud. This looks like a booger job to plead !
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FnDoomed
Just rereading this...

IMO - You CANT complain about what happens to your note after you signed it. When you indorsed and delivered your note it became the holder's property - to do with what he likes. It's his asset, not yours.


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jlcam37
You both need legal dictionaries to familiarize yourself with legal definitions. As far as fraud goes, you are missing the point. When loan docs are signed who signed them?? Do you see any other sig except your own?? This means you NEVER had a VALID contract in the first place. You dont need to prove fraud, you dont have a legally binding contract that will hold up in a court of law. They received a security interest on your home and didnt pay a dime for it and yet you are now paying them. After you signed did any cash exchange hands? If so, wouldnt the house be paid for then you pay them back?? These sites you search, suck. Try looking up state statutes which are more authoritive and are codified laws. Then when you know what ones were broken see which ones are working in your circuit. Also, a signed promissory note does NOT become an asset to anyone that did not give any valuable consideration for it (one of the elements of a valid contract), it is YOUR property they just dont tell you it is and they dont pay you either.
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FnDoomed
Are you making the "no consideration on a contract" or the "original lender didn't put up any money" arguments?

Here's some law for you...


"In a puzzling twist of logic, Plaintiff argues that because Defendants allegedly used the promissory note to obtain credit to fund the loan to Plaintiff, the loan originator provided no funds and, thus, the contract between Plaintiff and Defendants lacked any consideration. Pursuant to the refinance loan on the Orem property Plaintiff was to receive $100,000. Plaintiff does not allege that he did not receive the $100,000 benefit of the refinance loan. Nonetheless, Plaintiff takes issue with the method by which Defendants obtained the $100,000 that was provided to him. The Court finds that the $100,000 Plaintiff received constitutes adequate consideration to support a binding contract." See UTAH COUNTY RECORDER v. LEXINGTON MORTGAGE, INC., Dist. Court, D. Utah 2012.

"It is well-settled that consideration may flow from a third-party. SeeRestatement (Second) of Contracts § 71(4) ("The performance or return promise may be given to the promisor or to some other person. It may be given by the promisee or by some other person.") (emphasis added); 2 Corbin on Contracts § 5.11 (1995 Rev. Ed.) ("[I]n this country it is indisputable that the consideration need not move from the promisee.")." See Heuser v. Kephart, 215 F. 3d 1186 - Court of Appeals, 10th Circuit 2000.

"To constitute consideration, ... [t]he performance or return promise ... may be given by the promisee or by some other person." Restatement (Second) of Contracts § 71 (1981) (emphasis added). "It matters not from whom the consideration moves or to whom it goes." See McLernon v. Dynegy, Inc., 347 SW 3d 315 - Tex: Court of Appeals 2011.

To argue that you never got any money, or that the named Lender didn't lend you any money, and therefore there is no consideration on a contract is just plain stupid.
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Nelson
Quote:
You both need legal dictionaries to familiarize yourself with legal definitions. As far as fraud goes, you are missing the point. When loan docs are signed who signed them?? Do you see any other sig except your own?? This means you NEVER had a VALID contract in the first place. You dont need to prove fraud, you dont have a legally binding contract that will hold up in a court of law. They received a security interest on your home and didnt pay a dime for it and yet you are now paying them. After you signed did any cash exchange hands? If so, wouldnt the house be paid for then you pay them back?? These sites you search, suck. Try looking up state statutes which are more authoritive and are codified laws. Then when you know what ones were broken see which ones are working in your circuit. Also, a signed promissory note does NOT become an asset to anyone that did not give any valuable consideration for it (one of the elements of a valid contract), it is YOUR property they just dont tell you it is and they dont pay you either.


jlcam37 is an idiot, moron loser, personified! This is the sort of legally vacuous argument that results in an almost immediate loss of a borrower's home. Not only is the argument legally ineffective, but this nonsense also tends to prejudice judges against pro se litigants.

A borrower who includes even a whiff of this defecation in his or her pleadings will totally turn the court against them and the court will likely disregard any actual valid arguments.
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jlcam37
I didn't say to attempt this as a defense in a court of law!! I said you don't have a contract, period. There has to be an offer, an acceptance, an agreement (unilateral or not), and valuable consideration (which no-one understands yet). The consideration will mean it was a "true sale" and without that there is no holder in due course.

The Mortgage is easy to find, it is the note you want to focus on, they are two separate issues. As Grantor you granted them a promissory note. Did you receive credit for the instrument? If yes, ask them to pay the mortgage. If not, ask them to give it back to you, NON NEGOTIATED.
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jlcam37
P.S.
If you never refinanced, you have a new servicer not the originator of your loan, do you sign a modification or a contract with them as they threaten foreclosure?? What would you do?? Cant wait for this.
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Boyd
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I didn't say to attempt this as a defense in a court of law!! I said you don't have a contract, period. There has to be an offer, an acceptance, an agreement (unilateral or not), and valuable consideration (which no-one understands yet). The consideration will mean it was a "true sale" and without that there is no holder in due course.

The Mortgage is easy to find, it is the note you want to focus on, they are two separate issues. As Grantor you granted them a promissory note. Did you receive credit for the instrument? If yes, ask them to pay the mortgage. If not, ask them to give it back to you, NON NEGOTIATED.


You seem to be resolved to not simply remain ignorant, but to proclaim your ignorance with every post!

While it is true that both the note and the mortgage are unilateral undertakings, rather than bi-lateral agreements, this doesn't make them one iota less contractually binding against the person who executed the instrument.

Your rants mark you as an idiot who has bought into one of the debt modification scams, hook, line and sinker. This is the nonsense often propagated by those who espouse various sovereign citizen movements.

The arguments are not simply invalid. They are to use another contributor's vocabulary vacuous. This line of defense hasn't succeeded in saving anyone's home from foreclosure, but it has resulted in court ordered sanctions and even jail time for some of its adherents.

Your risk is less that you will find yourself homeless and more along the lines that you will find a new home behind bars where you will be the b$tch for larger and stronger inmates. Best of luck to you!
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jlcam37
Your'e an itiot. Once you figure out what a valid contract is and how it among other things have a statute of limitations in every state, then maybe you can expand your thinking to understand the term NON NEGOTIABLE. I haven't bought into ^&%$, a few years of college and law classes did it for me, Thx.
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Bill
jlcam37 wrote:
Your\\\'e an itiot. Once you figure out what a valid contract is and how it among other things have a statute of limitations in every state, then maybe you can expand your thinking to understand the term NON NEGOTIABLE. I haven\\\'t bought into ^&%$, a few years of college and law classes did it for me, Thx.


I\\\'m not sure what college you went to and what law classes you took but maybe you should use some of your law classes to figure out a way to get your money back.

You have no idea what you are talking about and maybe you should read some case law before you just blindly accept arguments you read on the internet and think are correct.
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Bill
Also allow me to paste my previous post so YOU will understand a little more about a non-negotiable note.

AS f pointed out I don\\\\\\\\\\\\\\\'t think jlcam37 has posted one correct thing on this board. There appears to be a lot of misunderstanding on what a non-negotiable instrument really is.

This has NOTHING to do with if a note can be transferred/sold.

You will find if you actually READ THE CASES in your jurisdiction a non-negotiable instrument CAN be transferred/sold.

Lets take a look:

Shaw v. State Farm Fire and Cas. Co., 37 So. 3d 329 - Fla: Dist. Court of Appeals, 5th Dist. 2010

Another important principle of the law of assignments is that: \\\\\\\\\\\\\\\"As a general rule, the assignee of a non-negotiable instrument takes it with all the rights of the assignor, and subject to all the equities and defenses of the debtor connected with or growing out of the obligation that the obligor had against the assignor at the time of the assignment.\\\\\\\\\\\\\\\" Law Office of David J. Stern, P.A. v. Sec. Nat. Servicing Corp., 969 So.2d 962, 968 (Fla.2007) (quoting State v. Family Bank of Hallandale, 667 So.2d 257, 259 (Fla. 1st DCA 1995)). However, the notion that, because an assignee \\\\\\\\\\\\\\\"steps into the shoes of the assignor and takes the assignment subject to all defenses of the obligor,\\\\\\\\\\\\\\\" the assignee assumes the obligations of the assignor, simply misapplies the rule. The rule means that the right of the assignee under the contract is no better than its assignor\\\\\\\\\\\\\\\'s rights. If the assignor is entitled to be paid, the assignee is entitled to be paid, but if the assignor is not entitled to be paid because of some failure of performance on the part of the assignor, then the assignee is not entitled to be paid either. By accepting an assignment of a right to be paid, the assignee does not obligate itself to perform any covenant under the contract. Moreover, as the rule quoted above plainly says, the defenses available to the obligor are fixed as of the time of the assignment, no subsequent duty on the part of the assignee arises because of the assignment.





Law Office of Stern v. Security Nat. Corp., 969 So. 2d 962 - Fla: Supreme Court 2007

First, we note:

As a general rule, the assignee of a nonnegotiable instrument takes it with all the rights of the assignor, and subject to all the equities and defenses of the debtor connected with or growing out of the obligation that the obligor had against the assignor at the time of the assignment.



Holly Hill Acres Ltd. v. Charter Bk. of Gainesville
314 So. 2d 209 - Fla: Dist. Court of Appeals, 2nd Dist., 1975

As a general rule the assignee of a mortgage securing a non-negotiable note, even though a bona fide purchaser for value, takes subject to all defenses available as against the mortgagee. 22 Fla.Jur., Mortgages, §§ 555-56. Appellant raised the issue of fraud as between himself and 212*212 other parties to the note, therefore, it was incumbent on the appellee Bank, as movant for a summary judgment, to prove the non-existence of any genuinely triable issue. Holl v. Talcott, Fla. 1965, 191 So.2d 40.



It is VERY CLEAR from a 30 second Google search that a non-negotiable instrument CAN be sold/transferred/assigned/ect...

The assignee simply steps in the shoes of the original lender. While this may impede a holder in due course defense against the homeowner\\\\\\\\\\\\\\\'s counter claims, any assertion that these can\\\\\\\\\\\\\\\'t be assigned/transferred/sold is usually made by swindlers preying on the homeowner\\\\\\\\\\\\\\\'s ignorance.


You can see how easy it is for these swindlers to twist the real facts and mislead people. If you were to make this donkey argument before the court you would quickly lose. Do the research and read the cases.



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