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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FnDoomed
I'm just curious to hear some discussion about the wisdom of bringing counter claims when you end up defending your foreclosure. After all, you are likely arguing that your opposition has no rights to the note or the mortgage.

Another right they do not have is the right to discharge your note to the extent of the amount paid so you are actually damaged.

If they have no rights to the note then they are by default debt collectors under the FDCPA. The FDCPA has a one year statute of limitations but your state will have a lookalike law with a longer time limit. Just about anything they send to you violates 2 or 3 provisions of the FDCPA when they have no rights to your note.

The amount of counter claims available seems staggering.

Thoughts?
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ceilingmark
I agree, I have filed counter claims. There is an extra fee to file when you file your answer however. I have been in court for 3 years now and we have not yet addressed these claims. I'll let you know what happens when we get there. I want to keep a low profile so I can't discuss details here.
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FnDoomed wrote:
I'm just curious to hear some discussion about the wisdom of bringing counter claims when you end up defending your foreclosure. After all, you are likely arguing that your opposition has no rights to the note or the mortgage.

Another right they do not have is the right to discharge your note to the extent of the amount paid so you are actually damaged.

If they have no rights to the note then they are by default debt collectors under the FDCPA. The FDCPA has a one year statute of limitations but your state will have a lookalike law with a longer time limit. Just about anything they send to you violates 2 or 3 provisions of the FDCPA when they have no rights to your note.

My argument is that as long as they have a foreclosure action alive against you they continuing to violate those federal and state statutes. So the one year limitation does not apply or it starts from the last motion they filed.....

The amount of counter claims available seems staggering.

Thoughts?
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FnDoomed wrote:
I'm just curious to hear some discussion about the wisdom of bringing counter claims when you end up defending your foreclosure. After all, you are likely arguing that your opposition has no rights to the note or the mortgage.

Another right they do not have is the right to discharge your note to the extent of the amount paid so you are actually damaged.

If they have no rights to the note then they are by default debt collectors under the FDCPA. The FDCPA has a one year statute of limitations but your state will have a lookalike law with a longer time limit. Just about anything they send to you violates 2 or 3 provisions of the FDCPA when they have no rights to your note.

The amount of counter claims available seems staggering.

Thoughts?


My argument is that as long as they have a foreclosure action alive against you they continuing to violate those federal and state statutes. So the one year limitation does not apply or it starts from the last motion they filed.....
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I think in Ohio, the law that mirrors the FDCPA, is the Ohio Consumer Sales Practices Act. I THINK. I am seeing this popping up in judges' opinions....
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FnDoomed
Most states have mini FDCPA statutes that are likely to have a longer statue of limitations.
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