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 anyone tell me what the rules are for a certified copy of my loan doc's? One of the defendants in my lawsuit filed in their motion to dismiss doc's of what they say is a certified copy of original note and deed of trust. There is only a stamp on the front page of each with someones initials. Anyone can order the stamp from office max. I'm looking for any help to fight and question the doc's. Thanks

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Are you going through a foreclsoure??

In reference to certified copy and a foreclosure, I would want the orignal note with the orignal signature on it. Otherwise who says that's the correct signature. And the owner of the note should have the orignal.

Please give more detail.
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CMC, I filed a suit a while back to stop the foreclosure. The defendants file their motion to dismiss. I filed all my responses to their motion. I'm just waiting on a court date. I've ask for the wet note many many times. They don't want to play nice. So I had to file the suit to protect myself. I'm sure they don't own the note anymore. I wanted to know what are the rules for a certified copy of a note. Looks like they just stamped the copy of the note with no date and only a few initials. I want to bring that fact up in court so I'm looking for the rules. I would think it would be fraud if they filed that copy and didn't have the original note to show the court. All help is welcomed.

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The Equitable One
Look in your states Rules of Evidence.

My state, and the Federal Rules, are almost identical. Yours probably is too.

KRE 902 (11)(a)(b)(c) regarding authentication of business records should be instructive. Also see KRE 1002 and 1003 in regard to originals.

Again, Federal Rules of Evidence and your states Rules of Evidence should be very similar to identical.
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RSG,

I don't know what state your in but it only makes sense that you need to verify your orignal signature to make sure that is the note you signed. In florida there are statues that cover us. To make it short: the lender must have the orignal in court with them. Otherwise if they win the foreclosure than a few years from now the "ONE" that owns your note can come after you all over again. Why they don't have the note is beyond me. Maybe the wrong party is trying to foreclose. Or the party foreclosing has to protect you from a third party. (You know they won't do that.)

What state are you in?
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I'm in Nevada. I'll have to do some more research on this matter. Thanks for the help 

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