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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NeedHelpinMI
Hi all. I am new to the forum and have a mess on my hands. I want to apologize for the length of this post. We are in Michigan and had our mortgage originally through Countrywide. We filed a lawsuit and when MERS was overturned, our case was dismissed with prejudice (which I have issues with). When the foreclosure notice was listed it the mortgage was assigned to Bank of New York Mellon FKA, The Bank Of New York as trustees for the certificateholders CWABS Inc, Asset Backed Certificates, Series 2006-7. The above mess was dated September 29, 2009 and recorded with county on October 5. Interesting enough on Oct 7 they began foreclosure proceedings as we are trying to work something out with BoA. It looks fishy and why were we not notified by BoA that Bank of New York Mellon had our loan? Especially after they told us we qualified for help then said we didn't. I feel as though we set up to lose our home. There are issues with the mortgage recording. It took Countrywide 2 years to record it and when they did they clearly added a form to it as it does not match the one we signed. I don't know where to turn next and feel that no one is listening to use as we were served papers for eviction today. We have a court date on 3/26.  I also was wondering if someone could clarify how the foreclosure law works when there is an adjournment of the sheriff sale for almost a month. I have read that it needs to be re-listed in the paper and I have also read that just posting it at the place of sale is sufficient. I have multiple other issues involving fraud, but the biggest one right now is not losing our home. Any help would be greatly appreciated. 

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j

With all due respect ~ time is of essence, you need to get an attorney..PERIOD!

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NeedHelpinMI
I have one. The problem is he doesn't specialize in foreclosure law. He is a probate attorney who I trust and have known for over 10 years. He has been trying to work stuff out with the attorney who was representing BoA. On Tuesday, she recommended to my attorney that we contact BoA to "try to work something out." After a hour long run around on Wednesday with BoA, I was told our loan is "closed" (yet they keep sending us paperwork...go figure) and were told to contact the attorney that handled the foreclosure...which is Randall S Miller and Associates in Bloomfield Hills, MI. From what I have researched, they are just as fraudulent as BoA and Countrywide...this is a nightmare..
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NeedHelpinMI
Forgot to add  that my attorney is on vacation...trying to do as much as I can since time is of the essence.  
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texas
Need a dirt , real estate attorney.
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J
you have just answered your own ? "he doesn't specialize in foreclosure law" and "After a hour long run around on Wednesday with BoA, I was told our loan is "closed"" and "my attorney is on vacation"

MY SUGGESTION IS TO RUN RUN RUN AS FAST AS YOU CAN AND GET UR SELF AN ATTORNEY THAT SPECIALIZES IN FORECLOSURE ------

BOFA DOES NOT CARE ONE BIT ABOUT YOU THEY JUST WANT UR HOUSE....PERIOD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

GET AN ATTORNEY.................
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NeedHelpinMI
We are tapped out for attorney fees and finding a cut throat one who doesn't want a huge retainer may be next to impossible. But I will start making calls tomorrow. 

J..do you have any idea if the foreclosure notice needed to be re-listed? 

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ka

Attorneys unfamiliar with foreclosure practice very often make the mistake of assuming that their adversaries are gentlemen of the bar who are acting honorablyNothing could be further from the truth.  Foreclosure mill attorneys are uniformly dishonest, disreputable sc**bags who routinely engage in subornation of perjury, forgery, fabrication of evidence and other frauds on the court.

 

The foreclosure mill attorney never had any interest in settling with you or in facilitating a modification or workout.  He simply suggested that you contact the servicer as a feint to distract your attorney from either investigating your defense or preparing a more effective defense.  This is the usual MO.

 

The deck is very heavily stacked against you and it may already be too late to interpose ANY effective defense.  But IF there is an effective defense which might still be made, you need to explore this with an attorney who is actually well familiar with consumer debt/bankruptcy/foreclosure issues.

 

Suppose that you had a regular podiatrist who treats your chronic Athlete's Foot as well as a dermatologist who treats your acne.  Further suppose that you get hit by a bus and then afterwards suffer a massive heart attack.  You call your podiatrist as you lay bleeding in the street and learn that he is golfing and has turned off his mobile phone.  You call your dermatologist and learn that he is on vacation.

 

Would it be better to await the completion of the podiatrist's rounds at the country club, to await the return of your dermatologist from vacation or to call an ambulance and be taken to a hospital emergency room where you could be examined by physicians specializing in emergency medicine, trauma and cardiology?

 

The fact that your podiatrist is cheaper and that your dermatologist has a great bedside manner and always tells you some great jokes generally ought not factor into your answer!

 

To this, I will only add that you need to very carefully and honestly assess your prospects of success against the costs of employing a lawyer to continue to fight.  This assessment ought to be largely informed by your net equity in the property

 

If the fair market value of the property is well in excess of the outstanding balance of the loan, then you ought to be willing to spend more and assume greater risk to try to protect or recover that equity.  By contrast, if the property is worth substantially less than the mortgage balance and you are therefore deeply under water on the loan, you need to be asking yourself precisely what you are trying to protect.

 

In the former situation, bankruptcy is sometimes a means of protecting your interests, though it may now already be too late.  In the latter situation, it might very well be in your interest to preserve your liquid cash and simply walk away.  Spending your last dollars to fight to keep an under water property, particularly when that fight might be already LOST, may not be a good strategic decision.

 

Let your actions be guided by your economic best interests rather than by emotions or anger.   

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Wary Unregistered

HelpinMI -

 

Be aware that there are several swindlers who troll this Forum.  One or more of these may contact you directly via e-mail and promise to assist you if only you advance this swindler some money.  Hopefully, you are not foolish enough to fall for this rubbish.

 

There are also some dishonest attorneys who are confederates of these swindlers.  Some swindlers will offer to help prepare legal pleadings to help you defend your home.

 

These are all simply scam artists who want to take your very last $$ before you become homeless.  As ka suggests, you need to assess the value of the property you are seeking to protect and then make a realistic assessment as to what you ought to spend to protect the property.

 

IF you are going to spend even one dime, then use it to employ a capable Michigan attorney with foreclosure experience.  Most honest attorneys will do a FREE consultation.  And honest attorneys will also give you a candid and honest assessment of your prospects. 


Especially beware of a scam artist who posts under Mike H (Florida), but who also uses several aliases, as well as another swindler named Thomas who operates his scam out of Wisconsin.  Each is a legend in his own mind who will steal your last $$ and furnish nothing in return (other than dark assurances that your plight is due to judicial corruption, rather than use of their useless services).

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NeedHelpinMI
ka and Wary-Thanks. My friend was able to find me a cut throat attorney who does free consults. I will be contacting him in the morning. The entire case is a cluster. Thanks to some of the links on this site I have found a list of robo signers which I have at least one document with that name on it. I have not gone through all of the docs yet. They entered into my home, causing damage and stealing things, when I was up to date on payments. Just to name a few more things. It is a family summer home that was left to me and the biggest issue is that it wasn't our primary residence so we didn't qualify for any programs even though our primary residence was owned free and clear. I have been in and out of court for the last 10 years. If it isn't other "family" trying to get it. It's the bank. So ka....it is worth it. If I end up losing, at least I went down with a fight and that I can live with. I will keep you posted. Thanks again guys. 
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NJ48

Have you tried to contact Legal Aid or some other similar advocacy group ? In New Jersey, we have Legal Services of New Jersey and I belong to a group in New Jersey that helps New Jerseyans and has members from other states. http://www.afnetwork.net . You may contact John or Ari and they may help you.   

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texas
NJ48 advises to seek afnetwork.net.

Quad address is 62.149.140.241 as reported by http://www.ripe.net/.

Appears to resolve to an off US continent website, CAUTION is in order.

For window users, run a command window, Start>Run>CMD

return to home by entering cd\
execute a trace to afnetwork.net by entering "tracer afnetwork.net" and let it resolve out.

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NJ48

Sorry it's http://www.afnetwork.org. It's a Group Spaces provider.

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J

Access to .ORG WHOIS information is provided to assist persons in determining the contents of a domain name registration record in the Public Interest Registry registry database. The data in this record is provided by Public Interest Registry for informational purposes only, and Public Interest Registry does not guarantee its accuracy.  This service is intended only for query-based access. You agree that you will use this data only for lawful purposes and that, under no circumstances will you use this data to: (a) allow, enable, or otherwise support the transmission by e-mail, telephone, or facsimile of mass unsolicited, commercial advertising or solicitations to entities other than the data recipient's own existing customers; or (b) enable high volume, automated, electronic processes that send queries or data to the systems of Registry Operator, a Registrar, or Afilias except as reasonably necessary to register domain names or modify existing registrations. All rights reserved. Public Interest Registry reserves the right to modify these terms at any time. By submitting this query, you agree to abide by this policy. Domain ID164332270-LRORDomain Name:AFNETWORK.ORGCreated On:09-Jan-2012 01:43:38 UTCLast Updated On:09-Mar-2012 03:49:57 UTCExpiration Date:09-Jan-2013 01:43:38 UTCSponsoring Registrar:Name.com, LLC (R1288-LROR)Status:CLIENT TRANSFER PROHIBITEDRegistrant ID:necwp380663itx69Registrant Namerotected Domain Services - Customer ID: NEC-3764112Registrant Organizationrotected Domain Services - Customer ID: NEC-3764112Registrant Street1.O. Box 6197Registrant Street2:Registrant Street3:Registrant CityenverRegistrant State/Province:CORegistrant Postal Code:80206Registrant Country:USRegistrant Phone:+1.7202492374Registrant Phone Ext.:Registrant FAX:Registrant FAX Ext.:Registrant Email:afnetwork.org@protecteddomainservices.comAdmin ID:necwp380663itx69Admin Namerotected Domain Services - Customer ID: NEC-3764112Admin Organizationrotected Domain Services - Customer ID: NEC-3764112Admin Street1.O. Box 6197Admin Street2:Admin Street3:Admin CityenverAdmin State/Province:COAdmin Postal Code:80206Admin Country:USAdmin Phone:+1.7202492374Admin Phone Ext.:Admin FAX:Admin FAX Ext.:Admin Email:afnetwork.org@protecteddomainservices.comTech ID:necwp380663itx69Tech Namerotected Domain Services - Customer ID: NEC-3764112Tech Organizationrotected Domain Services - Customer ID: NEC-3764112Tech Street1.O. Box 6197Tech Street2:Tech Street3:Tech CityenverTech State/Province:COTech Postal Code:80206Tech Country:USTech Phone:+1.7202492374Tech Phone Ext.:Tech FAX:Tech FAX Ext.:Tech Email:afnetwork.org@protecteddomainservices.comName Server:NS1.NAME.COMName Server:NS2.NAME.COMName Server:NS3.NAME.COMName Server:NS4.NAME.COMName Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: Name Server: DNSSEC:Unsigned
The previous information has been obtained either directly from the registrant or a registrar of the domain name other than Network Solutions. Network Solutions, therefore, does not guarantee its accuracy or completeness.
Show underlying registry data for this record

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texas
only way that I saw to get past the afnetwork.org home page is:
"Old adage, give me a little of a lot and I will have a lot"

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ka

NJ48 is clearly another TROLL simply seeking to re-direct web traffic from this useful site to another site operated by persons UNKNOWN who WANT TO BE PAID for information of UNCERTAIN validity or quality.

Wouldn't it be NICE if other TROLLS like Anh would take this opportunity to LEAVE THE FORUM and take up occupancy at another different space so that those who actually CARE ABOUT BORROWERS can discuss foreclosure in peace here at the Forum?


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NJ48
This website is great but the Forum is controlled by trollphobics and hopefully the "other senior members" will not be infected by these trollphobics and will remember that this and other foreclosure advocacy websites that the mission is to help homeowners in foreclosure to gain knowledge to fight their illegal fraudulent foreclosures. 
"Needing help in Mi." only got "get a dirt  real estate attorney" and " it may be to late." This was on my first day on the Forum. She had stated that they were low on funds and her attorney was not really helping her. I didn't ask "Needing Help" to join our group but told her to ask two people in our group, there are more, that have more knowledge than I have about the foreclosure process for some assistance or guidance.
As you will notice at the top of this Forum page, there is a DONATE BUTTON. There is nothing wrong with that and as I don't really agree with our $5.00/month membership, I'm human and I understand that websites doesn't run on air and hopefully in the very near future the group will be able to eliminate the membership if and when the website can get DONATIONS from the general public and members to run the basic needs of the website and fulfill the mission of HELPING HOMEOWNER IN FORECLOSURE. No one is making (" a lot ") money on these websites if they don't have paid advertisement. Especially .org websites.         
In N.J., there is about 95% foreclosure cases that go UNCONTESTED and the only origanizations that are helping a small number of homeowners is Legal Services of New Jersey and one other group and this group. We have monthly meetings and weekly teleconferencing to help one another. Lawyers are not willing to go up against corrupt judges. The only other choices are Pro Se or an attorney that has to be informed about the foreclosure process before the banks get to them.  
Troll - Wikipedia : An internet slang, a troll is someone who posts inflammatory, extraneous, or off-topic messages in an online community, such as an online discussion forum, chat.....
By the way, because of junk emails, I didn't use my real name nor my email address for this forum :      Eugene Villarreal
                                     63 yrs. old 
                                     Born and raised in Austin, Texas
                                     Live in Ridgefield, N.J.  

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NeedHelpinMI
Thanks NJ. I will check the site out. My attorney will be back from vacation tomorrow. My husband and I have discussed the possibility of filing for bankruptcy as a last ditch effort to stave off the eviction if needed. I am trying to stay positive, but just frustrated that no one (meaning attorneys, judges, the bank) wants to listen to us. 
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NeedHelpinMI
I consulted with a foreclosure attorney who was extremely helpful and told me the steps that need to be followed. Unfortunately he wants $5000 for a retainer..So....it looks like I will continue to use my current attorney and do the extra leg work. 
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John Lewis

what steps did the "foreclosure atty... told [you] that need to be followed?

 

My suggestion is to set forth those 'steps' so that the 'senior participants at this forum can way in as to the correctness or not of his advise...so as to make an educated decision rather than an emotion one?  just my thought.

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NeedHelpinMI
He stated I needed to file a response to the eviction and make a jury demand explaining in the response that the entire foreclosure is wrongful and there is no standing for it. He also stated to file counterclaims with state and federal claims and somewhere I need to put that I am being deprived of my property. Then the case can move from district to circuit court.
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