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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Can someone tell me what steps I need to do a foreclosure defense myself.

I need all steps, forms, etc - from

responding to the complaint (over one month still have not been served - 2nd case against me)

defense

counterclaims

I CANNOT FIND OR GET AN ATTORNEY TO REPRESENT ME.

 

BELOW IS JUST A BRIEF SYNOPSIS

 

The first Lis Pendis was filed Aug 2010. I was never served.

 

Sept 9 2010 - I contacted BofA to find out/ get a statement as to what I owe.

 

Sept 21 2010 -  I received a notice from BofA - "We are in the process of obtaining the documentation and information necessary to address your questions and concerns. We will provide a more complete response within (20) business days" - this notice was date stamped  September 17

 

Sept 24 2010 - I received the supposed calculations - some 6,000 - 7,000 which included atty bull fees some 3000 plus - this letter was date stamped Sept 14th - some 10 days after it was received and the previous letter above shows that something it truly amiss AS - THE DUE DATE TO PAY WAS SEPT 23.

 

Sept 29 2010  - I arrived at a local office demanded answers as to why I was sent a past tense reinstatement computation and how that was VERY ILLEGAL. They called the foreclosure dept and confirmed that I can still pay the amount calculated and I was told that I could mail the check in. I was advised by the Bank to pay the full amount and not just the past due arrears as stated in the letter. The advise and the letter gave me the option with just making a partial payment. The letter only gave me the option with sending payment via certified check and the bank as well stated I must send funds via certified check

 

Oct 1 2010 - I mailed out the Certified Check

 

Oct 20 2010- Received letter from BoA and they returned my check and are trying to extort more money from me "Please note that additional funds may become past due until your account is brought fully account" - here comes the good part:

1. Their letter states - had my check since Oct 5th

2. Their letter is dated - October 13

3. The envelope is Pitney/Bowes metered AS OCT 14 - but was not mailed until days later since I did not get this letter aka the extortion until TODAY WEDNESDAY OCT 20

4. THEY HAVE NOT SENT ME ANY LETTER INFORMING ME WHAT THE NEW EXTORTION AMOUNT IS.

 

Oct 21 2010 – I went back to the Local BoA Branch and demanded to speak to the Branch Manager – The MORON after his “I can’t believe my bank refused your full payment…..”, he confers with this rep that helped me on Sept 29 who called the 1-800 # and check his phone logs, after all of this, this swill monger stated – I guess the Foreclosure dept and my branch gave you bad advise, . And so many words – his response pretty much was TOO BAD SO SAD

 

From Oct 21 2010 until March 16 2010 I could not find an atty to represent me since I was not a victim of the Real Estate market, I just had unemployment issues. Pretty much every atty – either cancelled my appointments, never responded to my voicemails/emails and one even after he saw the info on my mortgage loan – “I am looking for bigger fish to fry” this creep referred me to an atty – who ripped me off and is now in JAIL

 

I WAS NEVER SERVED

 

Jan 2011 – I sent letter to the gov’t and got a case number and to this date (April 28 2012) I never got a response back from BoA

 

March 2011 – I retained an atty who did not inform me that she was being indicted for multi-million dollar mortgage fraud. I did not meet with the atty, I met with the atty’s assistant was given the spiel lure that they have been doing foreclosure defense for years. I handed over copies of everything and I was told not to sorry,  my foreclosure case has been shelved for a while since the plaintiff has to reassign to another firm since David Stern was being investigated and that was a good thing as this this gives us more time to raise your defense and counterclaim for fraud since I have ample evidence of fraud and since all I want is to litigate and get my loan reinstated – the evidence we have, my not being served, and since they are hundreds of thousands of foreclosure cases in the courts and my having EVIDENCE – I WAS TOLD I WOULD WIN AND NOT TO WORRY

 

After waiting months and not getting any updates from my attorney or her law firm, I started  mailing letters and emails.

After I started making demands – I got an email stating I had to come in and sign new papers due to my atty changing the name of her law firm – I STATED I SIGN NOTHING UNTIL I GET MY UPDATES SO I CAN MAKE A DECISION AND THAT THESE UPDATED BETTER SHOW EVERYTHING INCLUDING ANY/ALL LITIGATION WIT H THE OPPOSING FIRM.

 

For months this went on.

I started to google the atty in Oct-Nov 2011 and I found out that she had been indicated since March-April 2011.

She was indicated for multi-million dollar mortgage fraud and is in JAIL.

 

MY atty took my 5,000

never litigated

never did any defense

never did anything regarding my legal grounds to fight/object and submit a countersuit

never contacted the opposing

never filed anything only a motion for dismissal for my not being served

 

I finally got correspondence – an after the fact correspondence and in so many words – they told me to fK off. - they no longer represent me - I retained them based on what they told me and THEY DID NOTHING.

 

My case got dismissed WOWIE – AND THIS IS A NEW CASE – 5,000 AND THERE IS ANOTHER FORECLOSURE CASE AGAINST ME

 

I checked all of the papers that were sent to me – a very thick FedEx – the reason why it was so thick – they made triple copies of everything, and the everything pretty much were – what I gave them, copy of the case,

 

There is no documentation showing any litigation, any contact with the opposing Law Firms (Stern or the new One)

I did speak with the Opposing Law Firm for the First Filing and  I was informed my atty never litigated, never contacted them.

 

I AM A VICTIM OF BANK FRAUD – BANK OF AMERICA –

Sending me an illegal reinstatement letter – this letter had erroneous dates, past tense due date and computations.

Flood Insurance – My home is one of several townhomes and we share a flood insurance policy. All of the townhomes are valued the same per the Broward County Property Appraiser and all have the same sq footage and value. BoA is trying to force me to buy Floor Insurance thru them since they are tripling the value of my home

 

I AM ALSO A VICTIM OF LAWYER MALPRACTICE

I was instructed to stop sending in my monthly mortgage payments – all of the payments have been sent back

 (march 2011 was my last payment I sent)

I was not instructed that I should have had a separate bank account for all of my previous payments (I found out that they should have advised me to do this)

I was told they would file defenses and countersuit = NEVER HAPPENED

I was told they would contact atty about the fraudulent flood insurance extortion = NEVER HAPPENED.

 

 

I am now $5,000 in the hole

THERE IS A NEW CASE FILED

I have called since Nov-Dec 2011 after I found out that my atty was in jail and that they never litigated –

I have been trying since Nov-Dec 2011 to get a new atty

 

NOW with the new recent case filed – march 2011 = I am getting atty flyers in the mail.

WITHIN THE PAST 1.5 WEEKS

 

I HAVE CALLED OVER 30 ATTYS

 left messages with the assistant / voicemail – most have not called me back; one assistant did and after speaking to her for 5 minutes – she yells I have to hang up now I have a Judge on the phone I will call you back with a scheduled times, after waiting several days for her to call me back – I emailed the law firm – THEY ARE NOT TAKING MY CASE

 

I HAVE EMAILED OVER 20 ATTYS (TWICE –WITHIN 2 WEEKS)

ONE EMAILED ME BACK AND THEN CANCELLED THE APPOINTMENT

 

I need an attorney in Broward County

I am already $5,000 in the hole

 

It seems I am going to have to represent myself

Can someone please give me an outline on what I have to do

 

I STILL HAVE NOT BEEN SERVED ON THIS SECOND FILING

Quote 0 0
Andrew
It sounds as though you gave $$$ to that Florida attorney who sponsors another major foreclosure defense web site.  

You need to start reading through all of the Forum posts.  

It is unrealistic or impossible for someone to coach you through foreclosure defense here at the Forum.  But you can find almost everything you need to know here at the MS Fraud site.  You have a LOT of reading to do.  It is regrettable that you haven't been spending the past two years educating yourself about the law and foreclosure defense. 
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time4change
Claudia, I will see if I can find you an attorney in your area that truly gets securitization. I am a CFBE investigator and according to your statements above there is some clear cases of fraud.. a payment tendered and refused is considered a payment made and accepted. To come current you are only required to pay the arrears not all cost incurred as those can be disputed and you are allowed to request a true break down of the fees and cost to ensure they support the action .. in other words often lenders pay a firm a lump sum to initiate a foreclosure and only minimal work has been done they cannot charge you fee for work not rendered. 
It appears you are keeping good records which is a plus. 
As stated above getting coached is not possible via a forum. Its a learning process and every case in uniquely different and many sell programs etc the issue is that it covers their scenario not yours. They are helpful guides and you can learn in layman terms to understand some things but in the end you must educate yourself on your own situation as issues arise. 
Seeing who your lender is have you done any form of audits. ? 

I will contact an attorney contact I have in Sarasota and ask her if she recommends someone in your area. She is sharp and totally gets the fraud committed by the banks. Just any attorney will not do you need someone who thinks outside the box and can and is willing to go to battle as its an uphill one for sure. but it can be won.  Send me a private message and I will give you my email address and so I can pass your info along to atty's in your area.  Interview your attorneys ask pertinent questions see what they know or dont know and how they would fight for you and what they will attempt to achieve. If its only to keep you in your home for a short time or buy time walk away! 
If a firm took your money and you can clearly show they did NOTHING or nothing enough to cover the cost you paid them for then you need to file a grievance with the bar as that is unethical and unlawful. Don't let the title Atty or Lawyer intimidate you. You have rights and need to protect them by being proactive. Just because someone carries a title does not mean they are honest or ethical... 

Respectfully yours,
Under my Sovereign Immunity
UCC 1-308, 1-103, 1-301
All rights & Remedies Reserved
Quote 0 0
Mario Kenny
I dont bout u guys but Brian Korte a Florida lawyer did very good by me, I would  call him up for sure.
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John Lewis

The first step, in my opinion, is to follow t's advice below:

 

"A lawsuit is not an adventure in leading the court to the truth. Rather, it is an exercise in presenting some facts which make out a litigant's case in a manor favorable for the litigant. tmc seems to be way to overconfident as to his interpretation and way too certain as to the appropriate strategy.

 

Often, the best cases can be constructed by thinking outside of the box and also preserving options rather than boxing oneself in to a particular strategy.

 

tmc might discover that if he refrains from pleading the modification that the creditor defendant will bring it in signed, thereby eliminating his proof problem and questions as to the efficacy of an estoppel argument. By contrast, if tmc leads with the modification, then the creditor is far more likely to repudiate the agreement.

 

There seems to be a rather acute failure to appreciate good litigation strategy. Like so many litigants, tmc seems to be in a hurry to tell his story. He might want to take a lesson from the vague pleadings of the banks which are habitually short on facts,l but which tend to preserve the bank's options to alter their arguments and even alter the evidence!"

 

Modification Ammends and Supplemented the Note

http://ssgoldstar.websitetoolbox.com/post/Modification-Ammends-and-Supplemented-the-Note-5813054?trail=#17

 

 

2. Just as a reference, go to Gingo Law, http://gingolaw.com/default.aspx, George Gingo pretty much sets forth the foreclosure structure.  Remember what I said a structure that you can use not to copy verbatim from the briefs ~ each foreclosure ~ while similar~ is unique.

 

3. read point 1 again ~ start using this forum - pay particular attention to the following posters: 

 

William A. Roper Jr

knows about.....

The Equitable One

Bill

George Burns

Texas

t

f

 

and I am positive that I have missed several others, so, I would ask the forum seniors to list other forum participants which should be included.

 

You have alot of work ahead of you -

 

ps I think you should clear your head of all the 'past injustices' as they will only prevent you from moving forward and the Court really doesn't care about 'them' any way!

 

 

Quote 0 0
Unregistered
More info on fighting foreclosure pro se , pleadings at
http://www.foreclosureprose.com 
 
First lawyer consultation is usually free. Some Broward excellent foreclosure defense attorneys : Thomas Ice, Brian Korte, Richard Shuster, Roy Oppenheim, Dillon Graham, Omar Garcia and many more.
 
You can also call Florida Bar and ask for a referral.  Call each lawyer and ask for an appointment. Type up a summary of your case and email it to the lawyer you are going to meet.
 
Take your case document, and meet each lawyer to hear their opinion about your case. Then go home, do research and decide.
 
Disclaimer : Not a legal advice. Consult a lawyer.
 
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    But returning to the question at hand, you have to first understand how this Ponzi scheme works before you can defend against it.
    The prime objective of the subprime originators was to defraud the investors who purchased mortgage backed securities. They did this by selling
the borrower Notes multiple times on the secondary market. The main problem they faced is the requirement that the mortgage be reassigned
to the new Note owner each time it was sold. Read paragraph 20 of any
adjustable rate note and you will see the origins of the Ponzi scheme.
     To get around this requirement, they came up with the idea that these
mortgage Notes are "negotiable instruments". If this were true, they could
be transferred without an assignment of  the underlying mortgage. Also,
if they are negotiable, the alleged "holder" is a "holder in due Course" which
elliminates any cause of action for fraud against the "holder", such as an
inflated appraisal.
     The originators would deposit about 20% of the multiple Note sale proceeds with the servicers, so they could make monthly payments to the
investors who bought the mortgage backed securities. The servicers would
pay 2 to 3% of the face amount of the Note for the privilege of "servicing"
it. Buying the "servicing rights" in effect means buying the "foreclosure rights". HOWEVER, THE SERVICERS DO NOT OWN/HOLD THE NOTE & MORTGAGE, THEREFORE IN FLORIDA, THEY HAVE NO STANDING TO FORECLOSE!
      The originators could care less what happens to the loan or whether
the borrower makes his/her payments. They made their money by selling
the Note multiple times and defrauding the investors. That is why they
sell the servicing rights so cheap (ie 2-3% of the face amount of the Note).
      The servicers have no incentive to modify a loan, since they make their
profits by foreclosing (after all they only paid 2 to 3% for the face amount
of the Note.) The Govt. "begs" them to "modify" loans, but they have no
incentive to do this. That is why the "modification papers" get lost several
times, while the servicer is going "full speed ahead" with the foreclosure.
       So to put up a proper defense you need to understand that in most
cases, the Note is NOT a "negotiable instrument" but rather a "non negotiable" instrument which is part of a larger "purchase money mortgage
contract". It follows "contract law", not UCC, negotiable instrument law.
Also, whoever takes it, is not a "holder in due course" so you can raise
the same defenses against the transferee as you would have had against
the originator, namely an inflated, fraudulent appraisal. Also, the transferee
needs a valid assignment of the underlying mortgage along with a valid
"special endorsement" of the Note BEFORE THE CASE IS FILED!
       Also, under the Florida evidence code, the plaintiff needs the ORIGINAL
NOTE, not a counterfeit, color, photocopy, in order to foreclose. In most
cases, the servicers do not have the original Note and it is not a negotiable
instrument. Therefore, they can not win their case unless you or your lawyer
allow them to win by default. Since most defense lawyers are either incompetent or corrupt, many people lose their homes when they shouldn't.
      If a note contains "late fees" and requires you to look outside the Note
itself (to the security instrument) in order to calculate the balance owed,
then it is not a negotiable instrument. It requires a "valid" assignment of the
underlying mortgage for the plaintiff to have "standing" to foreclose.
      Also, make sure the 'servicer" is registered with the Fl. Dept. of State
as a corporation or trust. If not, it has no "capacity" to sue in florida. I am
sure other states have similar requirements.
      I hope this information will help you understand the basics.
Quote 0 0
Stuart
Defendant Carol Asbury, 59, an attorney and title agent in Lake Worth, Florida, pled guilty on September 9, 2011 to two counts of conspiracy to commit mail and wire fraud, in violation of Title 18, United States Code, Section 1349, and two counts of conspiracy to commit money laundering, in violation of Title 18, United States Code, Section 1956(h). Asbury was charged and pled guilty to charges arising in two indictments, both of which alleged mortgage fraud in the Versailles development. Asbury was sentenced on November 18, 2011 before U.S. District Judge Kenneth A. Marra to 30 months in prison, to be followed by 3 years of supervised release. She was also ordered to pay $6,510,291 in restitution.

http://www.justice.gov/usao/fls/PressReleases/120117-01.html


See also:

http://www.mfi-miami.com/2011/11/slammer-time-for-carol-asbury-founder-of-4closurefraud-org/


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Unregistered

Read Court Opinions on winning cases at

http://www.scribd.com/my_document_collections/3011893

 

or http://www.scribd.com/winstons2311, click on Collection then click on Court Opinion - Foreclosure Defense.

 

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time4change
I would never post anyones personal info on this forum or any other and like Claudia I had to fight my own battle as Attorneys did NOT get it! To state that I am some fraud just because I just registered is slander! .. Warning someone to be careful is one thing attacking someone by pointing out their name or handle is clearly defamation. Nothing I posted was leading her in any one direction and comments such as your will stifle a person from finding and getting help for already delicate situation. Unless you have walked in her shoes you have NO clue what she is going through and ranting such as yours hinder they do NOT help and the cause more confusion. 
People reach out via forums for help and yes there are always those looking for business and leading people in a direction that brings them something but again that is free enterprise .. last I checked that's legal and lawful.. bottom line is anyone requesting help on a forum should check the source of information educate themselves as to not to be victim to any scam.. asking a good attorney  whom I have no ties to other than knowing she did a great job for another person I know figuring she could put this woman in the right direction so she doesn't get taken by another attorney with no intention of helping her and their are plenty of them.. that will keep you in your home a short time but never win your home back.. you also missed the point that I am a Foreclosure fraud investigator and I look through forums to find repeated violations and fraud banks are committing such as in the Case of ClaudiaB if her account is accurate and true then she has a strong case against her lender for fraud and violations of banking etc.. so that being said.. realize the difference between and sales pitch and true help.. some of us have nothing to gain to pass along good information to someone that needs help.. Have a great day!
Respectfully yours,
Under my Sovereign Immunity
UCC 1-308, 1-103, 1-301
All rights & Remedies Reserved
Quote 0 0
time4change
I thought forums were put together to help one another. Why all the hostility and attacks and why is everyone here looking to attack another or confuse someone looking for help. I am not impressed with this forum or its constant pointing of fingers attacks and lack of true content. It was my impression this woman needed guidance and help in finding an attorney to help her in her battle to fight foreclosure. Instead this forum is filled with hatred and doubting Thomas's and people only I am sure adding to her confusion and offering no real help.. I find that discerning and makes me wonder if all the negative comments posted are from lenders or those working for them in order to instill fear and confusion. I got my licenses and learned while battling to keep my own home. What I learned is valuable and helpful and kept me in my home. I would behoove anyone to take the time to learn and to be able to fight your own case in court .. its more cost effective if you have the stomach for it and can understand all the layers involved. Fraud, banking, securities, and last but not least the law... I got into this only because of my own battle having one of thee worst lenders in History. World Savings. I was told they did not securitize I was told they merged with wachovia (then later wells) so no assignment was needed to be recorded. Had i Listened I would have lost my home. Instead I took the bull by the horns and learned on my own the truth and fact and the law. Regardless of a merger if the mortgage/note moves then it must be assigned and the assignment must be recorded. If the assignment is done outside of the closing of the security then the assignment becomes invalid. If a homeowner stops making payments on their "loan" then 30 days later it goes into default if the current "lender" sells assigns or transfer the "loan" then the new servicer aka lender is NOT a lender but  a debt collector and cannot enforce the debt nor can they initiate forelcosure proceedings even if the debt was never securitized. If the debt was securitized again they lack standing. so unless you object they get away with their action of foreclosure. 
If an action of foreclosure is filed against anyone they must follow the trail from not only the beginning of the date of signing of alleged note and mortgage but prior to .. if the note was securitized prior to your signed this is FRAUD as well and your note was paid in full before you signed for it and in fact you created the money .. its like John A giving Mary B. $1000 dollars then she loans it back to him and charges him interest when in reality it was John A.'s money to begin with. 
People need to start filing criminal action as well as civil action what the banks and lenders, servicers have done is commit a crime. yet most are not attacking it from this direction. Agency's are inundated with so many cases and lack of staff. If you want to make a difference the get involved .. and help to make changes and differences.. but to sit on this forum and attack good people is counter productive.. times are tough for most right now.. the last thing anyone needs is a negative comments and unhelpful statements that do NOT lead them in the right direction or bring them any closer to resolving their mortgage issues. 
I have been to occupy wallstreet and philly there are good people there helping and teaching others. This is what we all should be doing not attacking and making statements without fact. Remember no war is won divided its when people come together and join forces that we can truly make a difference. 
Respectfully yours,
Under my Sovereign Immunity
UCC 1-308, 1-103, 1-301
All rights & Remedies Reserved
Quote 0 0
time4change
NOT NEW to foreclosure I went to battle in 2007 I have taught others saved their homes and mine and now teach homeowners and their attorneys the truth of foreclosure and its falsies and how to win for their clients and I don't charge for this as its important  to spread the word and teach the truth .. some people actual do care.

 I am an expert witness against the banks and have helped other homeowners without cost.  I seriously think all of you have some serious issues and are too busy looking to make everyone a conspirator of one kind or another that you only confuse anyone looking for help.. and you wonder what is wrong with our society change starts with YOU .. 

@ Claudia if you want real help get off this forum of confusion go out and research spend time at a law library and study the rules and laws of mortgages educate yourself and learn all you can.. even if you don't feel you can handle court action educate yourself enough to learn how to choose a good attorney.. who will defend the bogus action against you from the banks. Go to other forums with real people looking for real help there are plenty out there i have seen in which people give each other good solid information but again you must learn it research it and make sure you understand it and its accurate. Knowledge is power.. and the more you gain of the better you can help yourself and maybe someone else. I feel here you will only gain more confusion and stifle you in finding help. 




Respectfully yours,
Under my Sovereign Immunity
UCC 1-308, 1-103, 1-301
All rights & Remedies Reserved
Quote 0 0
CLAUDIA

After 100 emails

After calling over 30 attys

no one wants to take on my case

 

I am going to lose my home due to

Bank of America Fraud

Legal Malpractice

 

I just called and spoke to a WITCH at the local atty general's office - I called for guidance and help and this WITCH said - "YOU CAN DEFEND YOURSELF"

 

 

I NEED AN ATTORNEY TO HELP ME

 

CAN SOMEOME PLEASE HELP ME GET AN ATTORNEY

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I am in the same boat in the Charlotte, N.C. area with Bank of America .    Tons of e mails, tons of phone calls; and no attorney in this area will defend a homeowner against Bank of America.     It has been hinted to me by more than one, that the N.C. Bar Association is behind it.

Quote 0 0
jlcam37
You guys need to go down to the local courthouse and find free or low cost pro se help. Check out what and what isn't winning for your circuit in foreclosure cases and challenge everything! Jurisdiction, standing, holder status all you have.
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FnDoomed
Getting a good aggresive attorney is tough. I had a BK attorney and I had to spend countless hours educating him about what my facts actually meant according to black letter law, case law and common sense.

Beyond floating a simple objection crafted to preserve my arguments for the anticipated state court battle, he didn't want to do anything else. The trustee in my BK wanted to hire him to litigate for the house on behalf of the estate on a contingency basis. He also declined.

His reason: I have to work with these people (meaning opposing counsel and the banks) every day. I imagine its a lot like finding a doctor to say another doctor was negligent - a career limiting move...

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Each person is a unique, is not the way to go, this is the personality.


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