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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
Someone just e-mailed me a copy of the losing pleadings, summary judgment, response and judgment from yet another foreclosure decision in which a borrower has managed to lose his house by employing a well know defense foreclosure mill attorney.  It is really remarkable to read this garbage.

The foreclosure defense attorneys have already begun conflating the holdings in Scwartzwald making arguments that can neither win in the trial court or on appeal while failing to make the winning arguments that Mr. Roper identified years ago!

Mr. Roper warned everyone from the outset that attacking the validity of the transfer into a trust by putting the PSA into evidence was legal suicide.  And yet the incompetent defense foreclosure mill attorneys continue to do precisely that, while also making the specious argument that somehow Schwartzwald invests in borrowers some right to challenge a negotiation into the trust using the PSA.

And yet the Schwartzwalds succeeded by employing Mr. Roper's recommended approach and refrained from a misguided focus on the PSA! 

Tragically, in the most recent unnecessary loss, the defendant had a totally valid and robust argument that was completely ignored, abandoned and waived that would have resulted in dismissal of the case!

The plaintiff in that case had attached an unindorsed copy of the note to its complaint and never amended the complaint.  So even though an indorsed copy was presented with the motion for summary judgment and authenticated by the plaintiff's affidavit of merit, the defendant was entitled to have the indorsed copy excluded from evidence by a motion to strike and entitled to a dismissal based upon the judicial admission of the unindorsed note at commencement.  
All that was necessary to win was to present Mr. Roper's judicial admission argument.  Instead, the inept defense foreclosure mill churned out a long and rambling summary judgment response seeking to use the PSA as a basis to avoid summary judgment, while falsely arguing that this was consistent with the Schwartzwald holding.

Oh well!  I suppose that Ohio will soon be populated with home owners following Mr. Roper's recommended strategies and a large homeless population of people eager to make legally erroneous and vacuous arguments advocated by incompetent corrupt former Ohio Democratic politicians.  Most remarkable is that the incompetent Ohio attorney making these arguments is lining the pockets of entities operated by his Democratic cronies as homeowner after homeowner loses their house.
Quote 0 0
Write a reply...