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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I've been fighting my foreclosure on a Lack of Standing issue since last February (08). In Civil Court, I lost. Upon filing an appeal I was confronted with the necessity of coming up with a supersedeas Bond. The Plaintiff wants a bond for $107,000. I appealed the Bond necessity stating the house wasn't going anywhere.The Court ageed and lowered the Bond to $100,000. Big Deal! So I supmitted a Motion for Reconsideration and it is pending.

Upon reading the rules of the apellate Court and Bonds, the thought struck me that since;
1. I own the home until the day of the sale &
2. I am contesting the legality of the mortgage
that I could use the Property as collateral for the Bond EXCEPT
2 or 3 weeks ago I got a notice that the property had been revalued for Tax purposes and now the  property is worth 48% less than it was last year. Not enough to use it for collateral. The area I live in has not been hit this hard and I'm finding it very hard to believe this is truly an accurate representation of my properties value..... except nothing is selling around here at all! So how can I disprove the Tax Man?  See my plight?

The more I ponder it, and not liking to think that the Local Govt., and the Mortgage CO.'s are colluding, the more it appears they are.

From my initial pleading of Assignment to Servicer being 30 days after foreclosure initiation, all the liabelous statements of the Plaintiff's Atty's, my counterclaims against them and the rubber stamp foreclosure I finally got, it appears that all of my effort, all of my research, all of my pleadings, they're all just falling on deaf ears.

So, I'm actually feeling shame in saying this, but so far, it is my experience that the Montgomery County Courts in Ohio, are not an equal justice institution. For whatever reason, they appear, to me, please remember this is only MY opinion, to be, somehow corrupted to the point of complete indifference to the Citizen and maybe to the point of outright collusion with Corporate America.

Maybe that's why there is such an abysmal rate of people here even trying to fight their foreclosure (last I loked, less than 2%).

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It's quite probable John could they not know, they certainly have an obligation of due diligence. One judge Pocono Co. Pennsylvania if I recall took 300 cases home and burned them he stated the cases were a waste of the courts time. Beyond a shadow of a doubt Lake, McHenry and Cook county Illinois courts are involved in a cover up of massive proportions.

When person after person has direct evidence or fraud and they still rubber stamp the foreclosures something is terribly wrong. Ameriquest just in the first round of States A.G. investigations was found guilty of 750,000 cases of fraud in 49 states, they former Illinois governor Rod Blagojevich gave the same Ameriquest branch that stole my home 25 million in tax breaks to expand Ameriquest business in Illinois he ran on a plat from of being a corruption fighter sticking up for the common man and the underprivileged and yet Ameriquest targeted minorities, seniors and women.

Litton, Homeside/Wamu, Countrywide, Deutschebank, Bank of America and the cast of shady charters here on this forum engage in criminal lending, servicing and foreclosures as a consistent pattern of behavior. If we know and have been shielded from the truth, deceived and discredited it really has to be impossible for anyone at a high level of the courts engaged in foreclosures not to know.

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tired and tattered

I thought that from the beginning of all this mess that there are many people in all forms of government that truely know what is going on. There is no way that as huge as the foreclosure mess has gone, that our government does not know what is happening. It just seems very strange to me that with the media talking about CountryWide and Ameriquest, EMC, and many of the others that have been in the news, we hear about their possible fraud and then we hear little else, if anything. Yet it just never stops when it comes to us common folk who can't pay our mortgage. We just bought too much house. The focus stays on the "Troubled Borrower" instead of the reason that many of us are "TROUBLED" is that our homes have been stolen right out from under us. Everyone from the brokers who tricked us into these loans, to the appraisers who gave falsely high appraisals, the lenders who set these loans up with every intention to fail and of course all of us on this site who are victims of the worst kind. Our cases are harder to prove than a bad loan that is much easier to prove by the loan documents. In many of us MSF victims, many of the problems started with the lies on the phone. They just were clever with the phone. It does not take a Rocket Scientist to figure out that maybe we should have investegated these banks BEFORE we gave them the money. I am so sure that everyone from our little state government all the way up to the top had heard of the alligations that so many of us had against these servicers and all the aspects of the mortgage industry. Doesn't anyone get that we are generally being ignored? Every once in a while someone will get a mod or win a case in court, but none of the fraud has been taken seriously for more than a minute in the news. Many of us tried to warn about how bad the housing crisis was. We were not listened to then and not much has changed. There are so many houses not being sold that there is an overload. I just don't understand what they are going to do with them all. I wounder how many of these people that work for these servicers and mortgage companies are going to be out of a job this year. It is really sad to think of the greed that is involved in the whole mess. And I believe the greed will be their own demise in the near future. So for those of you that lied to make a bonus or to keep your jobs, I truely see many of you not having jobs and possibly losing your own homes.

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So what can we do? Maybe start a website where people can list the Judges that ruled against them? Flood our Senators/Congressmen/Attorney Generals/? with letters and phone calls? I've done all that, I leave my thoughts in blogs and in responses to articles on the net. I packed my own case with so much information that I may have very well lost in the lower Courts BECAUSE I put so much info in it! But whoever saw it HAD to be impressed with the amount and if they just picked up one of the Courts decisions I included, they became educated... at least a little. And that's one of the big reasons I did it. It's my belief, at least at that time, that the Courts needed educating on the reality of the situation. And it's still my belief that as more and more and more of these cases get put before the Court, that there's going to be a point where the Court is going to have to stand up and say, "we can't get away with this any more", and they'll have to rule in our favor. The real question then is, what about all those who lost their homes illegally? Can they get them back? What about damages? The Mortgage Co.'s are being sued from this side, they're also being sued from their investors who were sold a bill of goods that actually didn't exist. I quote Ms April Charney, Florida Legal Aid Atty.,

“What we see is that systematically, the originating lenders only pledged these loans and didn’t actually transfer them” to the trusts that are supposed to hold them and issue the securities, she explained.

But only the true debt owner has the legal standing to be a plaintiff in a foreclosure, she continued. “That’s first-year law school stuff. If you’re Joe and the debt doesn’t belong to you, it belongs to Marjorie, then Marjorie better be in court, not Joe. Don’t come in as Joe and tell me you have the right to be there when you know full well you don’t.”

Yet, time and again, loan servicers and others have sought plaintiff status, often by using affidavits stating that the actual notes had been lost, she said. “I’ve seen paperwork filed by lawyers saying, ‘We anticipate assignment’” of the debt, she said with a scoff.

And the loan originators can’t appear in court and claim the right to foreclose because they would be in violation of securities laws for not transferring the loan to the trust when they were supposed to, she said. 

I take that to mean that in the chain of "Holder In Due Course" there are so many errors, that the Notes aren't really, factually, where they were supposed to be when the investors bought into them and in my own case, every transaction that supposedly transferred the note from one entity to another, despite Ohio's rules for doing so, were not properly documented. No Signatures! No Authentication!

But now, at least in this County, there is at least one judge who has no excuse to ever rule again as he has with me. If he read any part of my pleadings, looked at any of the evidence, he's been educated.

But how do we, the people enact the change? How do we force Judge's to decide justly? I am at a loss. Which is why I posted this in the first place. I do keep remembering the late 60's & early 70's demonstrations against the War in Vietnam, and I would be more than happy to attend as many as I could for this epidemic too. I can't seem to find any that are happening. Is there a website to go to? Does anybody know how to organize these things? Has there been a petition drafted to send to anybody concerning corruption in the Courts, and especially the corruption OF the Courts as to their viewpoint and treatment of pro se litigants? I know, in my own case, that I've talked to about 20 attys, and when I talk of Mortgage Securitization process, they're lost. The Courts are supposed to be for us, we have a need, actually there's a crisis, but because the Legal industry wants to be able to feed all the atty's, they've put in place so many regulations and rules that using the Courts to actually get "justice" is damn near a full time job just trying to figure out how to navigate it through obfuscation, thereby effectively denying us our Constitutionally guaranteed rights.

The fight is exhausting. I find another Defense and I feel great and filled with anticipation of winning. I research a LOT of other cases, just to be able craft my own, I research Court procedures, and I lose. Now that just sucks. So, I gotta say, this is one hell of an uphill battle and in the end I may lose. But I've been here before and I know what the other side of losing is like. After the home is gone, homeless, destitute, wandering around more or less lost and not knowing just what to do next, Plaintiff's got the defecency Judgment's, then they also actually got judgments for the entire original amount of the loans & for their Atty's fee's, and the Courts got another $1,000 per house (this was in 96 and I lost 9 houses, 15 rental units then, each was either boarded up, or should have been, and I, all by myself, did whole house renovations on them all, for me the same thing as this time, I get a promise to do financing in the future, I do the work, I get shut out of refinancing for no reason of my own's making, I see a pattern here!). They ate half a million of Bank's appraisals, but MY, NET Equity and then threw another $100,000 in too! I filed Bankruptcy on it all. It was 12 years after the Bankruptcy before all the mortgages finally disappeared from my Credit rating, despite over 100 letters to the Credit Bureau's and the Creditor. And no atty would take the case despite the fact I had found all the precidents I needed. Too hard. As 4 different Atty's told me, "why should any atty. take this case when there are so many other easy one's out there?"

As I said, I have lived it. I've lived the life of a pauper since 1998. I built the house they're taking from me now, with only my own 2 hands, from parts I scanvenged from McMansion building site dumpsters. To dig my footers, because of a work reltaed injury from the 70's, I can't shovel deep. It just hurts to much. So I dug my footers on my hands and knees using my hands to actually scoop out the dirt. It takes 4 mixings, in a 5 gallon bucket, using a trowel to stir with, to mix 1 - 80 lb. bag of Sakrete concrete. Try it. I once mixed 44 bags, in 2 days, to lay my footers. It took 6 months of going to the local Home Depot, Loew's and 84 Lumber stores and buying broken bags of concrete, taking it home and storing it, just to have the concrete to mix. I was forced into a mortgage because the Tax man caught me building and then back dated my house, and my property tax's and then intitiated foreclosure on me for them.  My mortgage Co., then contacted me to sell me the mortgage with a promise of refinaning again in 2 years. I did a bunch more work, they wouldn't refinance. The fight is on again. Only this time, I'm wiser. I now know the only way to really fight this mess is with money. So I personally believe in a "scorched earth" policy. I don't mean leaving a burnt down house, they profit from the Insurance then. I mean I want them (the financial industry) to have to pay lot's and lot's and lot's of money to get me gone. In the end, I'll bankrupt. I'll walk away and my Credit will be ruined for another 20 years and since I'm almost 60 now, with no savings, no retirement, almost no Social Security (I was hurt on the job back in 78 and it was 10 years before I could do anything again, but no one would hire someone who'd already been through the Workman's comp system so I was left to find odd jobs on my own, hence I couldn't pay in much) I imagine I'll do whatever I have to do to survive, or die, after all, that's what life's been like for over 10 years already.. But in the meantime, their atty's are billing at $100 an hour? $200 an hour? $300 an hour? Cool! I don't want to lose. I am adamently stating that right now. And I am doing EVERYTHING I can think of or that I can find not to lose. But if I'm going in to a fight I have absolutely no chance of winning, and the result of which leaves me penniless, homeless & destitute, then I will not walk blindly into the dark again and the light of Truth and experience lights my way. 

And one of those truth's is, I need help in trying to figure out what actually can be done that will REALLY cause an effectual change in the Court system.

Sorry this has been so long.... any ideas?    John R.

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I don't know... I may be reaching for the stars. But what if (I am going to try this myself) we go to our counties and speak to the county attorneys and make them understand that our counties "WILL" be just as broke as we are. Due to the fact that these companies are comming into our court system and taking these homes illegally. Therefore, when homes are finally sold, the county won't be bringing in the tax monies they anticipated. Our counties will be broke as well. The homes will not be worth the paper it is was written on.

We need to sit with them and show them what is really going on. Pull up the statutes these companies are breaking in our court systems. And because a lot of these homeowners that have been paying these county officials can't afford an attorney are suffering. Not to mention that these county officials will be taking pay cuts very soon if not sooner because all of this. Including the county attorney you are speaking with.

Everyone needs to be educated. As someone said earlier. Attorneys have no idea about the statutes and rules that are out there. I am a perfect example. After learning what I have. I got the attention of one attorney. I "FIRST" showed him the statutes. Then I gave him my story and my proof. Now he has a new attorney comming on board and he wants me to show him what I have. I was served a Lis Pendens Dec.4th, I had 20 days to respond. This attorney got me an extension for another 20 days plus. Now he is ready to file a motion to dismiss with the information I gave him. Now I am going to do more research and gather up as many homeowners that I can in my county and see what can be done. I know that once we prove what this so called foreclosure mill that you call Lawers for the Plantiff did in our county records, the judge will not be very happy. This foreclosure firm has a lot of cases going on in this county and I hope to see them get their butts whipped.

Again, I hope I wasn't reaching for the stars. But I feel that something can be done some how, some where. It gets to the point that I now live and breathe this kind of stuff.
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tired and tattered

You know the media talks about the banks and how people are angry, and yet the missing link is that where are personal responsibilities here. It's the same old pass the buck. Someone is responsible for this madness. And what about the homeowners that suffered due to their illegal practices? We are catagorized in a "group" of "HOMEOWNERS in TROUBLE".  No one wants to personalize the mess because it might actually lead to the culprits.  I am from Illinois and we all know what just took place here. We now have a new govenor. Illinois already has some of the highest property taxes in the midwest. Our gas prices are considerably higher. What's going to happen when they foreclose on all these homes and no one is paying property taxes? My nephew was foreclosed on in 3 months by CountryWide and he was suppossed to have 7 months restitution. It's all illegal and yet no one is stopping it. Yet if he were to try and get in his house they would have him arrested and thrown in jail and no one would care. It would be him that is in the wrong. It is truely amazing. By the way they are still sending my nephew bills for insurance on the home. (Which he is NOT paying). I can't believe that they are sending him the insurance bills. It's all crazy. I just refuse to let myself be consumed by all of this anymore. I have surrendered my house and am looking forward to living a simple life. I will not own all of the material possessions I once had. I no longer want to be a slave to the material things. I am moving forward in my life.

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I'm not positive, but I heard once that, at least in a judiciary foreclosure,  a Motion To Vacate A Void Judgment can be filed after the case is over and the house is sold, and I'm not sure, but again, I think there might be recoverable penalties available using HOEPA and/or TILA and/or a RESPA suit against the Plaintiffs.

oh yea...   if I'm recalling proper

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tired and tattered

Has anyone really wounderd what the real reason that no one has really been able to put a stop to all of this madness? I honestly believe that this financial scam goes through so many people that those on the top of the totem pole do not want to dig too deep in this because it may expose all of them. I honestly believe that as large as the foreclosure mess is that the big guys are afraid that if they dig too deep they will be found out. Maybe the bail out was HUSH MONEY?

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hush hush t&t
Just a smattering of recent web commentary:
Pure and simple…HUSH MONEY. 78 billion dollar mistake my f a n n y. This money was given to hush people up from talking about the A C O R N loans and all shaddy lending practices…in essence, we’ll give this money…no talky.
The article confirms my suspicions about the basis of the TARP bailout - it was hush money to buy off the financial institutions....
For banks, bailout hush-hush money
Where’d the bailout money go? Shhhh, it’s a secret

Are these so called bonuses, really hush money to keep all of the crimes from being exposed?

It's Called Hush Money Or Payola.
Could another bigger motive be at work in granting $450 million in retention bonuses to the credit derivative group at AIG? The more sinister reality might be that such a large sum was necessary within AIG to reward deep failure in order to keep them silent on colossal corruption in the machinations among the USTreasurys, Wall Street, and COMEX regarding illegal market controls, interference, and interventions. The same argument holds for the hire of numerous failed traders in key roles at Lehman Brothers. The failed fellows followed the path back through Wall Street doorways, fully hired, totally locked in, and thus motivated not to speak to the press or write damaging articles in key publications. The same argument holds for appointing Tim Geithner as Treasury Secretary. He knows too much, and could easily pull a thread that would unravel the entire tapestry that conceals vast corruption. The system remains firmly in place.
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