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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dlunn1107
In an attempt to ensure that entities filing notice of pendencys of foreclosure have standing and/or the right to file a pendency, a law was passed that the filing entity is required to sign a 'Certificate of Merit' which states that the entity signing the certificate has reviewed all documentation; mortgage, note, assignments, endorsements, etc and that it is their belief and understanding that the plaintiff does have the right to bring about the foreclosure.  

That being said, I was dumbfounded after reading the Certificate of Merit sworn to and signed by the attorneys representing the plaintiffs that filed a lis pendens against my property. THE DEFENDANT NAMED IS NOT MYSELF, but some random person's name that has nothing to do with my case or property (not John or Mary Doe; probably another defendant from a another case in the attorney's pile of paperwork).

Proving that they can't even get the name of the defendant right, the blatantly obvious fraudulent and/or  robo-stamped assignments and endorsements within my documents proves that signing a 'Certificate of Merit' is meaningless.  MOTION TO DISMISS DUE TO LACK OF STANDING to be filed, I wonder if I can file a MOTION TO DISMISS DUE TO COMPLETE INCOMPETENCE BY PLAINTIFF'S ATTORNEY?    

Gotta love it. 
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bankbuster
What state?
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dlunn1107
NY


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Angelo
@bankbuster

It's probably NY.   Gov. Cuomo signed a NY law in August 2013, CPLR 3012-b, which states
§  3012-b.  Certificate  of  merit  in certain residential foreclosure  actions. (a) In any residential  foreclosure  action  involving  a  home  loan,  as  such  term is defined in section thirteen hundred four of the  real property actions and proceedings law, in which the defendant  is  a  resident  of the property which is subject to foreclosure, the complaint  shall be accompanied by a certificate, signed by the  attorney  for  the  plaintiff,  certifying  that  the attorney has reviewed the facts of the  case and  that,  based  on  consultation  with  representatives  of  the  plaintiff  identified  in  the  certificate and the attorney's review of  pertinent documents, including the mortgage, security agreement and note  or  bond  underlying  the  mortgage  executed  by  defendant   and   all  instruments   of  assignment,  if  any,  and  any  other  instrument  of  indebtedness including any modification, extension,  and  consolidation,  to  the  best of such attorney's knowledge, information and belief there  is a reasonable basis for the commencement of such action and  that  the  plaintiff  is  currently  the  creditor entitled to enforce rights under  such documents. If not attached to the  summons  and  complaint  in  the  action,  a  copy  of  the  mortgage, security agreement and note or bond  underlying the mortgage executed by defendant  and  all  instruments  of  assignment,  if  any, and any other instrument of indebtedness including  any modification, extension, and consolidation shall be attached to  the  certificate.    (b) Where a certificate is required pursuant to this section, a single  certificate  shall  be  filed  for  each  action  even  if more than one  defendant has been named in the complaint or is subsequently named.    (c) Where  the  documents  required  under  subdivision  (a)  are  not  attached  to  the  summons  and  complaint  or  to  the certificate, the  attorney for the plaintiff shall attach to the certificate  supplemental  affidavits  by  such  attorney  or representative of plaintiff attesting  that such documents are lost whether by destruction, theft or otherwise.  Nothing herein shall replace or abrogate plaintiff's obligations as  set  forth in the New York uniform commercial code.    (d)  The  provisions  of  subdivision (d) of rule 3015 of this article  shall not be applicable to a defendant who  is  not  represented  by  an  attorney.    (e) If a plaintiff willfully fails to provide copies of the papers and  documents  as  required by subdivision (a) of this section and the court  finds, upon the motion of any party or on its own motion  on  notice  to  the parties, that such papers and documents ought to have been provided,  the  court  may  dismiss the complaint or make such final or conditional  order with regard to such failure as is just including but  not  limited  to  denial  of  the  accrual of any interest, costs, attorneys' fees and  other fees, relating to the underlying mortgage debt. Any such dismissal  shall be without prejudice and shall not be on the merits.

@dlunn
What does the summons and complaint say? If the certificate of merit was in the wrong name but
the S&C were correct, they would just say it was a scriveners error and amend the certificate nuncpro tunc. what county are you in?

A arena
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bankbuster
Thanks, Angelo... It would be nice if all the states would have to abide by this law. Would the plaintiff's attorney be liable in the event that that he signed off on forged or altered docs, if it could be proven? With the vast amount of robo-signed and bogus docs, it would seem that many of these foreclosure mills would be up to their eyeballs in litigation, and sanctions for breaking the law.  
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dlunn1107
I'm in Monroe County and tomorrow I have been summoned to attend a foreclosure settlement conference, in which the pretender lender and I are supposed to try
and work things out between us. The only thing I'm going to be working on is the motion to dismiss due to lack of standing. My mortgage and note pretty much 
have the standard fraud/robo-stamped assignments/endorsements; Access National mortgage was the broker, Mers given the mortgage as nominee (2/23/06), then Access National sold the mortgage to Countrywide a week later. 2008 - 4 attempts at failed loan mods with Countrywide, then...check this...5/1/09 Lis Pendens placed by BOA. 4 days later an assignment of mortgage from MERS to Countrywide was signed by Micall Bachman as VP of Mers and a notarization lacking a notary stamp. Filed at the county clerks office 11/09, stating it was effective as of 2/23/06. At the foreclosure conference with BOA, the judge instructed myself and the BOA attorney to 'work it out' via a loan mod. Application submitted and acknowledged by 
BOA 10/09. NOW...this was right after the $25 billion bailout to BOA from the Gov...to 'help' people in foreclosure via HAMP. HMMMM...I never heard word 1 about Hamp..
Then the independent foreclosure farce..12/12 (3 years later!) I get a notice that because I had defaulted on my loan, BOA had filed a claim with HUD and were paid
for my mortgage. HUD then auctioned off my property and bottom feeders Kondaur Capital became my new pretender lender and servicer. Kondaur (who must be new 
to the game) went and created assignments of mortgage and an allonge to the note  from BOA to HUD to Kondaur, as attorney in fact without any POA granting
that ability. Then, 8/13, BOA drops the pendency of foreclosure and 11/13 Kondaur files one (6 days before the statute of limitations would have run out..darn it!).  Because of these self created assignments/allonge Kondaur says they are the mortgage and note holders. They also state that they have the original note...the one in the complaint is a copy with several robo-stamped endorsements that
are actually comical. As there was NEVER an 
assignment from anyone to BOA, any subsequent assignments from BOA to anyone are a figment of someone's imagination. Yesterday I contacted the HUD OIG and filed a complaint against BOA for violation of the false claim act. As for Kondaur, they are claiming I owe them the original amount of the loan, $102k, even though I had made
20 monthly payments prior to losing my job. Seeing as they bought it from HUD at auction and the homeowners insurance the court forced them to purchase is for $57k..Rumor has it they paid pennies on the dollar, more like $25k for it. 
I have 2 requests for them tomorrow...Produce the original note and show me the money...let's see the receipt of sale from HUD. 
 I'm actually dreading this..the investigative part and bookwork I can handle,  but when it comes to appearing in court pro se...I'll be shaking in my boots. Wish me luck..I'm going to need it!
Dianne

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annettebb
ME TOO!! Went to court, almost fainted. Luckily for me I had not paid the fee for my motions and judge adjourned to later date. All I could say was "Thank you".
I keep trying to envision myself just doing business as usual in the courtroom to see if I can keep my heartrate normal if/when I do go back.
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