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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annoyed

I have a situation regarding my not being served in person, and the courts determined that I am in default due to my "NOT" responding to the summons. I do not have an attorney due to no attorney has responded to my inquiries looking to hire/retain an attorney. I even called all of the those lower level bottom feeders who send out flyers in the mail and those who have adverts on TV. It seems the plaintiffs attorney did a song and dance routine pretending they tried to serve me and supposedly did a diligence search - all they did was ADVERTISE IN NEWSPAPERS - UNBEKNOWNST TO ME.

The supposed diligence search came up with quite a bit of falsehoods - regarding my last place of employment - showing my last known employer was in 1998 - my recent condo association president who they supposedly spoke regarding me to is of the male gender - which is not true as there has been no male condo president for over 2 years - and other falsehoods as well.

This bottom of the barrel plaintiff's attorney filed a motion - stating I am in default and the courts allowed this - 

There are loads and loads of egregious situations that has happened to me regarding a cluster F of illegal fraud done to me by both the banks and my defense attorney

Please keep in mind I only have one mortgage.
I have two - YES two pending foreclosure cases against me regarding this cluster F.

2010 - I ended up having employment issues and was trying to sell a property overseas that took a lot of my resources. - The selling took over 2 years due to dishonest realtors, buyers and attorneys - I literally had to hire another atty over seas to the tune of $5000 to make the other atty give me my money ----- I ended up finally getting my $$$$ - Sept 2010

2010 - a few weeks prior I stated getting atty flyers in the mail informing me that I has a case filed.

Sept 09 2010 - I called the bank and informed them that I sold some property over seas and netted enough $$$ that would enable me to fully pay the arrears/atty title fees etc.... that I would like to get reinstated, that I have the $$$$ and therefore would like this to off set the foreclosure case...--  I was informed that it would take up to 20 business days to process 

Sept 21 2010 – I received the bank’s acknowledgment letter – acknowledging my request and stating – could take up to 20 business days -DATED SEPT 17

Sept 24 2010 – I received the bank’s reinstatement letter – this letter predated the acknowledgment letter – with a typed date of Sept 14 2010 with a due date of Sept 23 2010. I did not get my mail until later in the evening and there for was not able to go to a local branch until the following week – Sept 24 = Friday

Sept 29 2010 – visited the local branch and told them they better call the number on the reinstatement letter, that sending out reinstatement letters with past tense due dates are illegal and constitutes mail AND banking fraud – I came to the branch with documentation showing the chronological / chain of event involving my request – acknowledgment & reinstatement letters – the female called and both – reps in person and via the phone – they apologized profusely….. and I was told the improper dates were clerical error and that the calculations are current --- I was told / advised that though the letter gave me the option to pay a portion or the full net due – I was advised to pay the full net due.

I had no logical reason not to pay the full net due as I just sold property over seas that gave me the luxury with being able to pay the full net due. 

Oct 1 2010 I sent in my full net due payment via BANK CHECK – AKA CERTIFIED FUNDS

A FEW DAYS LATER – I sent in my monthly payment – THINKING I was going to have my loan reinstated 

Oct 20 2010 I received a letter from my Bank – they refused to accept my BANK CHECK – AKA CERTIFIED FUNDS – stating…. “Please note that additional funds may become past due until your account is brought fully account" - here comes the good part: 

Oct 21 2010 I went back to the bank – spoke to the MGR who confirmed that was I stated above occurred ---- involving his bank stating – clerical error, computations are correct etc….. he stated “ well maybe we gave you wrong advise ---- to which I responded there are banking laws prohibit willful and wrongful advice given to bank customers – he refused to answer – why I got a past tense due date to pay ---- why the Certified Funds which were for the full net due was not even processed as a partial portion payment – this PIG refused to answer and stated in so many words – TO BAD SO SAD – I GUESS YOU ARE GOING TO HAVE TO PAY MORE MONEY -

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 WEDNESDAY OCT 20
4. THEY HAVE NOT SENT ME ANY LETTER INFORMING ME WHAT THE NEW EXTORTION AMOUNT IS.

I also did not realize that the Illegal dated reinstatement letter had false calculations in the Bank’s Favor – this reinstatement stated if paying the Full NET Due there would be fees waived – STUPID me did not realize that I OVER PAID – THIS OVER PAYMENT OF THE FULL NET DUE – IN THE BANK’S FAVOR – THESE FKKKKKKERS REFUSED MY OVER PAYMENT 

I hired an atty to the tune of 5,000 – 600 per month starting in 2011 – this law firm stating that the bank committed major acts of fraud regarding all of the documentation – including others not mentioned in this post – The law firm stated there is enough evidence to countersue and that it would take some time but I was assured I would WIN. I stated I was not in the mood to fight a long court case and that I just want to keep my home and get my loan reinstated…. So if they could just litigate with the opposing and just have the money I owe attached to the back of the loan – MINUS The atty founds I am using to retain counsel.

They stated – the best avenue would be to litigate using the countersuit due to fraud as a litigation bargaining tool. My atty did not do any thing as promised – did not do any due dilgennce regarding the The Mortgage or Foreclosure filing – this also could have been used in the REINSTATEMENT LITIGATION ---  all the was done was a filing for a dismissal for non-service of the Lis Pendens – NOT was they were retained for. I kept trying to find out what was going on, I never hard form them,  never knew of any court filings on their part or notices to appear….. Nov 2011 I stated to google her – she plead guilty for mortgage fraud and is serving time in jail – she transfers the law firm into some other low life dips names who also have had major disciplinary actions against them by the Florida BAR. They told me, we did all the litigation and we litigated in your favor – your case got dismissed for non service and keep in mind this will not prevent another case being filed against you..... 

They FedEx to me a copy of my case – about 2 inches thick and pretty much – triple copies of – docs I gave them, copy of the Lis Pendens, copies of the NON-service filing ---0 there was not one doc / scratch pad --- showing any attempt at litigation – there was though in their hand writing – notations showing – the promised to litigate for reinstatement...... I did call the opposing plaintiff's atty and I was informed there was no litigation by my atty - they NEVER spoke to her.

July 2012 – I wrote to the Fla BAR to try and re-coup my $$$.... recovery funds – this was sent registered and it is over one year later and I have not heard from them 

After I found out my atty was in jail – finding out after reading the DOCS that was FedEx to me – and knowing that nothing was done to get me reinstated, my being more months behind in my mortgage, my being out 5,000 in atty fees and KNOWING THAT I AM GOING TO GET SERVED AGAIN….

I have emailed and called trying to get help:
Law firms, legal aide, Fla Bar, Broward Bar, Fla atty General, all those supposed HUD.Hope foreclosure programs - Let me tell you what happens when you call those programs --- you speak to a phone rep (who probably are skilled telemarketers)  -- they state there are no representatve to speak to you and they give you a reference number and promise someone will call - I TRIED THIS FIVE TIMES......
YOU NAME IT - I TIRED IT --- I CALLED 

ETC
ETC
ETC

ON TOP OF ALL OF THE BS
JUDGMENT – CLERK DEFAULT ON ME REGARDING THE 2ND FORECLOSURE CASE/
THE 1ST FORECLOSURE CASE WAS NOT CLOSED CORRECTLY
I ONLY HAVE ONE MORTGAGE
I HAVE 2 PENDING FORECLOSURE CASES ON ME
2010 – PENDING
2012 – PENDING

ETC
ETC
ETC 

I have more than ample evidence to prove I am and was never in default AVOIDANCE 

WHAT PROCEDURE CAN I DO – PRO SE TO GET THE COURT ACTION DEFAULT REVERSED. 

THIS SHOULD NEVER HAVE PROGRESSED THIS FAR.
I HAD FUNDS TO GET REINSTATED
I SHOULD NOT HAVE HAD TO HIRE AN ATTY – REGARDLESS IF ATTY WAS DISHONEST OR NOT

Quote 0 0
PeterK
Annoyed:

You have posted a variety of grievances with the court system and the banks. Unquestionably, the banks and the foreclosure mill law firms have engaged in widespread criminality. Even so, you probably need to recognize that you have been had and that there is NO REMEDY for the wrongs that have been committed.

In respect of so called "sewer service", a judgment obtained without proper service can be void or voidable depending upon the nature of the defect and the jurisdiction.

Generally, courts everywhere place exceptional reliance on the verity of a return of service showing service of a summons, citation or official process. The averments within such return of service are usually entitled to a presumption of validity, even when false. The burden is usually on the defendant to show the falsity of the averments.

This can be exceptionally difficult to do except when the defendant is actually dead at the date of alleged service or serving in the military in an overseas country, etc.

If the sheriff, constable or process server say they served you and you say you were not served, your sworn statement, standing alone, will almost never overcome the presumption of verity.

Under the facts you describe, you are all the more worse off, because after making service attempts, the plaintiff seems to have applied to the court for what is called substituted service by publication. Once the court enters an order allowing for service by publication, usually about the only way to upset a showing of service is to show that the plaintiff didn't comply with the court's order. For example, if the court authorized service by publication for three consecutive weeks in a widely circulated newspaper and the plaintiff only published the notice for two weeks in a small newspaper in another county, you may be able to show that the service was deficient. Otherwise, as long as the plaintiff complied with the court's order (even if fraudulently obtained) you would have an exceptionally difficult time upsetting a default judgment.

Also, in most states, a defendant seeking to upset a default judgment needs to show not only a service defect, but also a "meritorious defense". And the burden of proof is then on the defendant (without benefit of discovery) to establish that meritorious defense.

In a regular judicial foreclosure proceeding, the plaintiff has the burden of proof. In seeking to upset the default, YOU the defendant would have the burden of proof.

Thus, any honest and capable attorney would advise you that your chances were exceptionally slim and that it is probably uneconomic to seek to set aside the default.

Moreover, in most jurisdictions, there is a limited amount of time to set aside a default judgment, though this wouldn't apply when the original judgment was absolutely void for failure to obtain personal jurisdiction. But a defect in the service by publication usually wouldn't be such a case. The judgment might at best be voidable rather than void.

There are a number of bottom feeding foreclosure defense attorneys who will take your money and do absolutely nothing for you, while assuring you that there is some hope of recovering your house when there is no such hope.

Similarly, the Internet is absolutely crawling with scam artists and swindlers who are promoting various debt elimination scams. These will also give you false hope that you can recover your home or some money. But all these criminals are doing is using false hope as a pretext to defraud you.

Many of these scam artists advertise here at MS Fraud or have shills who are paid to troll the Forum looking for new victims. These shills can earn a finders fee of $250 to $2,000 for bringing new marks to the swindlers when the swindlers are successful in defrauding people like you. The site administrator also gets a cut to delete posts like this one.

Nothing you posted suggests that you have a prayer in hell of recovering even $1. Various claims of fraud in the foreclosure process (even if true) were all WAIVED when you failed to appear and answer the suit, allowing a default to be taken against you. The rules in every state provide for so-called "mandatory counterclaims" and provide that if you fail to make your counterclaims in the same action brought by the plaintiff, these are forever waived.

If you want to persist, I know of a number of scam artists and swindlers who will take your money. They would even pay me to refer you. But you are far better off keeping your money and moving on.

Sure, you were defrauded and swindled. You can choose to be defrauded against by people who pretend to help you. Or you can decide that you don't want to be a victim any more. This site and this Forum now exist for the sole purpose of helping you become a professional and permanent victim, by showing you many new ways to get defrauded. So you can either choose to become a professional victim or you can decide that you don't want to be a victim any more.

If someone from this site contacts you and offers to help (usually referring you to one of the scam artists and swindlers), be sure to obtain enough information to refer this person for criminal prosecution! Best of luck to you!
Quote 0 0
PeterK
By the way, the argument that the same cause of action is already pending in another court is an affirmative defense which must be expressly pleaded or it is waived. This is not the kind of defect that would ever render a judgment void unless the new final order or judgment purported to alter or vacate the original judgment by another different court.

You would have been required to expressly plead and prove the pendency of the other action as an affirmative defense in the case in which you defaulted. By defaulting, you waived this defense and it is now totally irrelevant.
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