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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Courtesy of Jurisdictionary

You CAN Control Judges!

You must learn how to force the judge to see that the appellate courts that can reverse his decisions will reverse his decisions on appeal if he doesn't rule in your favor.

Otherwise, the judge will rule as he pleases, confident you don't know how to get his decisions reversed on appeal.

Unless you force the judge to see he will be reversed on appeal if he doesn't rule in your favor, justice will be whatever the judge wants it to be.

Your objective is always to: force the judge to see that the appellate courts that can reverse his decisions will reverse his decisions on appeal if he doesn't rule in your favor.

Losers miss this point ... and lose!

Trial judges are not legal authority!

Appellate courts are!

Learn from Jurisdictionary step-by-stepThe U.S. Constitution is not controlling law. What appellate courts say the U.S. Constitution means is controlling law.

Statutes are not controlling law. What appellate courts say statutes mean is controlling law.

Only controlling law controls judges.

Appellate court opinions are the legal authority that controls trial level judges!

You may disagree with this. Many do and lose needlessly. I want you to win, but truth is unaffected by what you believe. Only truth is true. Nothing else is. Appellate court opinons are controlling law in this nation and every nation that follows our English system of justice.

Trial judges fear being reversed on appeal. That's what keeps them straight. That's why it's essential to learn how to force the judge in your case to see that the appellate courts that can reverse his decisions will reverse his decisions on appeal if he doesn't rule in your favor.

No trial judge wants an appellate court to publish an official written opinion telling the world he was wrong!

Knowing how to control judges is the secret to winning

What you believe is controlling law means nothing.

Don't believe me?

Ok. Tell a judge your personal opinions about the law and how he should apply it and rule in your favor. See how far it gets you!

The only opinions that count in court are the published opinions of appellate court justices who stand in judgment of trial level judges and have power to reverse lower court decisions.

This nation (and all others that follow our English justice system) is run by lawyers who sit as justices on appellate courts! The buck stops in court, not at the Whitehouse, Congress, or state legislature. If you believe otherwise, you are mistaken.

Your legal opinions (no matter how clever or persuasive and no matter how many tens of thousands agree with you in emails or on the internet) count for nothing in court.

Controlling judges is what wins lawsuits, and judges are controlled only by appellate court opinions!
 
 
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aj
hi ann,

im in new jersey and was just served by sheriff foreclosure papers, from you knowledge would it be wise to send motion to dismiss and qualified written request together?

the servicer assigned mortgage to a bank in the process of me trying to find out who held the note for my mortgage by sending in a qwr in january then in june they assigned the loan and did not answer the qwr, thanks for any help
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Bill
We hit on this indirectly OVER and OVER on this forum.  You will see some  participants ask for someone to post some cases/case law to support their wing-nut theories such as the benefits of filing quiet title, the "death gamble", the note is not a negotiable instrument, the benefits of entering the PSA into evidence, you can enforce the PSA, ect.....in which they FAIL to show the supporting cases. 

If you have NO case law in your jurisdiction to support your arguments, you should really take a long look at what you are asking the judge.  SOMETIMES you will have to make arguments that are a matter of first impression but these are still supported in PART by case law and most of the time best left for attorneys to argue.  The judge is going to be very hesitant to make decisions of first impression, even more so when the person making the argument is Pro SE.  You can't just make up stuff because you THINK you have an argument off of YOUR INTERPRETATION of laws/statutes or some of the babbling idiots on the Internet.
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Bill

aj wrote:
hi ann,

im in new jersey and was just served by sheriff foreclosure papers, from you knowledge would it be wise to send motion to dismiss and qualified written request together?

the servicer assigned mortgage to a bank in the process of me trying to find out who held the note for my mortgage by sending in a qwr in january then in june they assigned the loan and did not answer the qwr, thanks for any help


AJ,

It would be "wise" to get an attorney to protect your rights. 

You only have a very limited time to answer a foreclosure complaint in some way.  The local rules of your jurisdiction will help you decide what is the best way to reply to a foreclosure complaint.  In most jurisdictions you have a very limited time to respond (20 days) or you are in default.  If you fail to respond the Plaintiff will get a default judgment and you automatically lose your case.

QWR have no place in a court proceeding.  If the Plaintiff does receive a QWR it would not surprise me for them to ignore the QWR (they should have answered the earlier ones) and direct you to correspond with their attorney.  The time for things like a QWR ENDED when the lawsuit was filed.  The local rules provide devices (discovery) for you to obtain the answers and relevant facts you need for your case. 

You QUICKLY need to read the local rules a few times and form some kind of response that conforms to the rules. 

You really should try to find an attorney.


I'm not an attorney, this shouldn't be considered legal advice......
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I would file a motion to dismiss at the very least.

Try this example

http://www.debtinversion.com/blog/wp-content/uploads/2011/06/Motion-to-Dismiss.pdf

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Some sample of Motion to Dismiss. Try to find case law from your state. Go to your court house, look up foreclosure cases at the filing clerk office and review them. Note the case law in your state used in those cases.

 

http://www.scribd.com/my_document_collections/3011887

 

Remember you only have one shot at Motion to Dismiss so research for any possible reason to ask the court to dismiss the lawsuit. There are many of them.

 

Go to http://www.stayinmyhome.com and search 'Motion to Dismiss" to see some legal causes of dismiss written by Mark Stopa Esq.

 

Some people file Motion for Time Extension asking for another month in addition to the 20 days allowed by the Rules so they can have more time to look for attorney or do research.

 

Remember it is best to retain a GOOD attorney to defend your home. But if I don't have money, then I will also try my best to defend my home.  Read the forum posts, ask questions, there are nice people here who are willing to help .

 

Not a legal advice. Consult an attorney

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John Lewis
Aj:

A suggestion:

1. file a motion to extend time coupled with ..
2. limited discovery request (interrogatories & production).

then follow Ann's advice .... "Go to your court house, look up foreclosure cases at the filing clerk office and review them. Note the case law in your state used in those cases.'

per Ann: "Not a legal advice. Consult an attorney" is the best advice.

note: per my suggestion i invite forum participants comments.  jl
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There is no search feature on that site, do you have a link?

thanks
John


Ann wrote:

 

Go to http://www.stayinmyhome.com and search 'Motion to Dismiss" to see some legal causes of dismiss written by Mark Stopa Esq.

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John,
Go to http://www.stayinmyhome.com, click on Stopa Law Blog. You will see his blog. The search option is on the left side.  There are also many interesting advice on Motion to Dismiss at http://www.mattweiderlaw.com/blog, do the search.

More foreclosure info and legal pleadings at http://www.scribd.com/my_document_collections

If you want to be up to date about foreclosure defense, subcribe to http://stopforeclosurefraud.com. and  http://www.foreclosurehamlet.org/ . IThey're free and  very informative.
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aj
http://www.lsnjlaw.org

Ann or any memebers,
 have you heard of this site found their motion to dsmiss very interesting
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The above website requests personal info . Be careful to give personal information to unknown people on Internet. I will never do so

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