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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There is an interesting decision handed down today by the Florida Court of Appeals for the Second District in the case Bank of NY v. The Moorings at Edgewater Condo Assoc.:

 

Bank of NY v. The Moorings at Edgewater Condo Assoc., No. 2D10-4792 (Fla. 2nd DCA Feb. 8, 2012)

http://www.2dca.org/opinions/Opinion_Pages/Opinion_Page_2012/February/February%2008,%202012/2D10-4792.pdf

 

While the decision may be of very limited applicability or utility for most foreclosure defendants, even in Florida, it remains instructive as to the procedure which must be employed when seeking a holding of criminal rather than civil contempt in that state.

 

I thought the case might be of interest to some Forum participant able to establish some actual misconduct by a plaintiff.  The lesson seems to be that even when it is clear that a plaintiff has violated court orders, it is essential that the correct procedure be followed if criminal contempt sanctions are to be upheld on appeal. 

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