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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Does anyone know of a good template I can use to file my lawsuit, something easily adaptable to my own State law?

I'm going to file pro se, but switch over to attorney representation mid stream.   
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William A. Roper, Jr.

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DBB said:

Does anyone know of a good template I can use to file my lawsuit, something easily adaptable to my own State law? 


DBB:

You have failed to advise us as to the cause of action or theory of the claim which you desire to assert in a legal proceeding.  You also fail to identify the jurisdiction in which you intend to bring the action of even a single fact that might form a basis for your claim.

The vagueness of your question makes provision of an answer an impossibility.  Do you actually have some question for which you are seeking assistance?  Or is your post simply some introductory invitation for another scammer to post links to a site peddling swindles and fraudulent scams?
 
I have a counter question for you:
"I am considering buying, leasing or borrowing a good or service some place in the United States or in another foreign country sometime in the next one to five years.  Can you please advise me as to the brand, trade name, model (if applicable), size, color, and quantity which I should select to best meet my exact needs together with the price I should pay?  Also, how important is the quality, warranty and/or guaranty?"  [Please answer precisely in twenty five words or less!]
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Well actually as I was reading through the forum last night, I read to try and keep your identity somewhat hidden; thus the change to initials.

This would be a suit against one of the big banks and their foreclosure mill for a wrongful foreclosure which has already taken place.   The foreclosure took place in the State of North Carolina and riddled with the typical fraud; i.e., robo signed affidavit, robo signed notary, failure to provide a valid Promissory Note, a forged Promissory Note, fraud upon the court, unfair trade practices, unjust enrichment, punitive damage, foreclosure reversal, RICO, constructive fraud.

I've found several NC cases I can refer too and the appropriate statutes , but yet to see an original complaint.   Most have been in the form of appeals.     That's why I was looking for a well written complaint I can use as a starting point.
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Angelo
Get a competent attorney right away, there is no cookie cutter pleadings for what your attempting to do.  And it will probably cost you 3X as much for the attorney to undo all the mistakes you are going to make!

Don't be penny wise and pound foolish.
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Bill
Angelo wrote:
Get a competent attorney right away, there is no cookie cutter pleadings for what your attempting to do.  And it will probably cost you 3X as much for the attorney to undo all the mistakes you are going to make!

Don't be penny wise and pound foolish.

I'm not an attorney, this isn't legal advice.

From my experiences, many attorneys are more hesitant to take a case where a Pro Se has filed pleadings/complaints/motions.  I'm sure the retainer of the attorneys that are willing to "fix" what you filed, if it is possible, will reflect this. 

I don't understand what you mean by "mid stream".  If the complaint you file is not written correctly, served correctly, supported by facts (not what you feel are facts) your complaint will not survive the defendant's motion to dismiss or motion for summary judgment.  When the defendant defeats your complaint you most likely will be responsible for the legal costs of the defendant which could be significant.  These costs COULD be more than retaining an attorney from the start.

It is interesting that in NC you can have an attorney draft your pleadings and advise you on what arguments to make WITHOUT making an appearance or even disclosing that they are helping you.  I'm not sure if you would be able to find an attorney that is willing to do this, but it would be worth investigating.  There IS A MONETARY COST to flailing around Pro Se.

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Opinion rules a lawyer may assist a pro se litigant by drafting pleadings and giving advice without making an appearance in the proceeding and without disclosing or ensuring the disclosure of his assistance to the court unless required to do so by law or court order.


http://www.ncbar.com/ethics/ethics.asp?page=1&keywords=114
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FnDoomed
Dianne.  You should get the best attorney you can afford to do this, but that being said, if you are the best attorney you can afford then what else can you do, right?

This idea comes from one of Ann's posts somewhere in this forum.  You can ask around about who is the best foreclosure defense lawyer in your state practicing in your area of research in your local court.

Once you've identified that individual you can get their cases from the court and see how they wrote their pleadings.

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I have knocked myself out trying to get an attorney.    Here the legal aide and pro bono attorney's will only take those cases which are active at the moment; i.e., working to keep someone in their home.

I found two attorney's in NC that have won appeal cases, the first one wants a 5,000 retainer and 1,000. per month throughout the duration of the case.   The second one wants no retainer, but 1,500. per month and 30% if I recover my home.

I can use the laws stated in both those appeal case "wins".    I have a statute of limitations to deal with, so really need to get something filed.

I really have no choice then to attempt this on my own.
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FnDoomed
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I found two attorney's in NC that have won appeal cases, the first one wants a 5,000 retainer and 1,000. per month throughout the duration of the case.   The second one wants no retainer, but 1,500. per month and 30% if I recover my home.


You can find their pleadings by going to the appeals court and asking to see those case files.  There's going to be lower court cases underlying the appellate cases, get those from that lower court.

See how they did it.

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Good suggestion Fn !!

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