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 we create a Clearinghouse or some Vehicle that will establish which MS Fraud Victims ILLEGALLY lost their Homes & Equity.....and who will undoubtedly need Contingency Representation in order to be made whole again...???

   I've seen very little talk here of Attorneys jumping in to get back the Homes & Equity that were ILLEGALLY taken from these poor people >> NOT to mention the tremendous physical & mental/emotional suffering incurred......
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Boy, that would be great!!  Never give up!!

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I have been fighting The Money Store/ Fairbanks Capital/ HomeQ Servicing/  since January 2000.  

I  had to have hip replacement and Filed a chapter 7 to reduce my debts.  I was only working part time as an auditor and was homebound, learning to be self sufficient.  I reaffirmed my home loan.(1999) 
According to the National Consumer Law Center. "Surviving Debt" book, I
Had special Rights created since I had a non-purchase money loan. The home
improvement contractor had to be sued for shoddy workmanship, and The Money Store paid them off anyway,
(more special rights created according the NCLC, for a "non-purchase money loan")
I went to legal aid and was paid part of the money I spent on the
getting the roof repaired. 
I contacted  (NCLC) for their help.  They don't help consumers directly, only attorney and "advocates".
That would be you.
The second time I filed bankruptcy to save my home, it was because  
Fairbanks Capital tried to enforce my arrearage fees created by The Money
Store, dragging their feet.  
The Bankruptcy judge told Fairbanks , they had gotten a "pig in a Poke", because they knew I was in default and fighting it, and their assignment was a "pig in a Poke" - and they were not "holder in due course".
An assignee only attains holder-in-due-course status thus avoids defenses the consumer raises (1) if it assigned a negotiable instrument and meets the
Holder-in-due-course requirements of Article 3 of the UCC.
Legal aid, while not willing to represent me, because I was in a Chapter 13. They told me, that if Fairbanks was not "holder -in-due-course" one was. Despite Homeq Servicing notifying me over 20 days later, that they were the new servicers of my loan. 
I raised this legal issue in my adversarial complaint to no avail.
I contacted NACA the same year. Homeq servicing was unresponsive. In fact, they were unresponsive to any and every agency that contacted them on my
Then the Housing Information Office contacted them and United Services(2004).  I was allowed to enter into an loan modification agreement in the spring of 2003, ($587.00 they accepted the money given them to bring me current and to start my payments of $329. Or so.
I sent them a deposit slip. And a check for the first "new payment"  arrangement.  They sent it back to me. Despite accepting the monies from the agencies. Saying that I was in Bankruptcy and they could not accept it. I was not , it had been discharged.
They kept the Agency's money and claimed there "was no loan modification signed and received".
In September 2003, a loss mitigation agent contacted me and said: "Well, when do you want your new payment schedule to start?"  I said, December, because I was told, fees had to be paid again.  And I knew I had to get them from somewhere. 
In October and November, I was contacted and a gentleman asked me how much did I want to sell my home for?  I told him it was not for sale. He then advised me, that it was being advertised to be auctioned on Jan. 9, 2004. 
Pro-se, I filed a Chapter 13 to stop the sale.
Every time Homeq has been unreasonable and uncooperative, I filed bankruptcy. I had no choice.
I have been diligent in timelines and filings.  I filed an adversary complaint while paying to the trustee each month.  I contacted 29 attorney's.  I even filed a Motion with the judge that, because I was indigent, an attorney could be appointed by him. This too was ignored and rejected.  I have followed your actions for NACA. And the consumers seeking redress.
You have 'Power". Please--help me. The attorney's who would not or
could not help me, said, Missouri does not have any "anti-predatory lending laws". They imparted some legal gems and sent me with "god speed". They definitely, if they had any opinion at all said, TRUTH IN LENDING VIOLATIONS, have occurred in my case. (accepting late pymts in the past)
Legal aid was allocated monies to help fight predatory lending here
in Missouri. (2003)
First they told me, I was in a chapter 13. They could not help me. They
only help with Chapter 7.  Two years later, I contacted them and they told me, I was in the wrong zip code. They only helped people in certain Zip Codes.   Then when I contacted them this year, 2008,  I was told, there were not enough attorney's to help everyone and not enough funds.
However, I  was entitled to homestead exemption of $15,000.00.   My
loan is only $34,085, but with all the excess and bogus fees, they have added, it tops $73,000. And this took away the exemption,which would have made me only owe $15,000 or so on the loan. 
I , fought this case through the Bankruptcy Appelle Court, to the U.S. APPEALS  COURT.   According to them no laws have been broken.
(all constituent services contact numbers)
And yes, I contacted my State Senators (Clair McCaskill, (816-421-16390)
Emmanual Cleaver(816-842-4545),  Yvonne Wilson ((573-751-9758)
State Representatives--Yvonne Wilson, and Govenor Matt Blunt (573-751-3222)
Govenor Chris Bond (573-634-24850) and HUD in 2003, and the Federal
Trade Commission. In (2003). Laws have changed since then.
The Govenor said it was not a Federal Issue. My state rep and senator,
said they are fighting and have introduced bills.
Please help me. What am I doing wrong? Who can stop me from being
I , am aware through my research that I have a better leg to fight if I am still in the house, than if I am evicted or have non possession.
I also contacted HOPE NOW. They said, they could not help .  (
I have been fighting Eight years. Spent countless dollars filing
motions and getting the transcripts, traveling to seek some Help.  The road has led me back to Bruce Marks.
I am handicapped and disabled from COPD -ASTHMA, and TYPE II DIABETES.
I can afford to make my mortgage payments, I just have not been given
the chance.
    Awaiting your response
Virginia Dale
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You are a classic example of a mortgage servicing fraud victim.  We have all found no protection or recourse.

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Stephen wrote:

You are a classic example of a mortgage servicing fraud victim.  We have all found no protection or recourse.

but with the violation of the U.C.C. Article 3, why are attorneys

afraid to take our cases? thanks for responding, Stephen. 

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Because they know you can't win.

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