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
The house in Georgia was suppose to be foreclosed last August '12, but they stopped the foreclosure sale due to "title" issues I was told. I do know that the mortgage company that I went through to obtain the mortgage went out of business due to HUD violations and I assume transferred my mortgage to the Servicing company.

Could this be being used to clear title? What should I do?
Quote 0 0
Marvin posted something about a Georgia Supreme Court decision a little over a month ago:

As Bad As It Gets: [i]You v. JPMorgan Chase Bank, N.A. (Georgia)[/b]

Georgia was never a particularly borrower friendly place. However, a little noticed U.S. District Court decision in Morgan v. Ocwen opened the door to some possilbly more effective defenses a couple of years ago.

In the You decision, the Georgia Supreme Court slammed the door on what seemed to be amongst the most viable foreclosure defenses in Georgia.

In general, the most viable remaining borrower defenses in Georgia are probably interposed through a bankruptcy filing, at least for those borrowers who could otherwise benefit from bankruptcy. Even so, the Georgia Supreme Court's holding in You is binding on the Federal Courts, including bankruptcy courts. Since Georgia is a non-judicial foreclosure state and foreclosure is conducted by private sale under a security deed, this places the borrower (not in bankruptcy) in the position of having to bring a wrongful foreclosure action and to seek a TRO. Usually, the lender then postpones the sale, tells the court that the TRO is moot and gets the TRO (if ordered at all) lifted. Then the lender reschedules the sale for a new date and rolls over the borrower.

While there are a number of promoters of various scams and a few Georgia attorneys more than willing to take a rich retainer to represent distressed borrowers, almost no one is actually prevailing against the lenders in Georgia.

Carefully read the most recent Georgia decision, including You, and carefully assess whether you want to throw good money after bad. I do not mean to come across as overly discouraging. But about the best outcome you can reasonably hope for in Georgia is a delay. If someone asks you to pay money upfront and promises you a "free house", it would probably be better to report the scam to law enforcement rather than lose your last few dollars pursuing this debt elimination scam.
Quote 0 0
Write a reply...