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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William A. Roper, Jr. Show full post »
I think one of the best attorneys out there is this guy...George Babcock.

This one guy essentially stopped all foreclosures in the state of RI.

All cases are STAYED. Court ordered mediation. ALL parties must participate. No Motions for Protective Order will be allowed. Any parties that try to hide behind Protective Orders will be depositioned. That is leverage.

Order the appearance of any persons necessary to settle any claims completely and/or order the appearance of any non-parties, including but not limited to municipal and other governmental officials and lien holders, that may be essential for a total resolution of the claims;

This Babcock floated the idea of 50 lawyers, one from each state, file suit in objection to the AG "settlement". Nobody wanted to participate except on facebook and youtube.

Some of these lawyers truly are foreclosure defense mills.

"I am not ashamed to confess that I am ignorant of what I do not know."

- Some Blogger - Circa 35 BC -
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Within t's post in his thread about Limitations, he quotes from Mr. Roper who said the following:


But when the purported mortgage investor declares default and accelerates the principal, then the full amount is sue and payable as of the acceleration date. And the limitations period begins running with that acceleration.

For this reason, in discovery, you ALWAYS want to ask an interrogatory asking them under oath whether they accelerated the loan. You also want to do a request for production to ask them to produce the notice of acceleration.

Hopefully, each borrower has KEPT the original notice of acceleration and will supplement this with the discovery responses described above.

These then become the ticket to limitations after the statutory period runs. The limitations period is NOT six years in all states. There are some states where it is SHORTER. 



See t's post:


Cites this post by Mr. Roper:


It seemed like this was something that belonged in the thread about discovery.


It is interesting that it seems as though most foreclosure lawyers are just thinking about how to soak the borrower for another supplement to the retainer.  Mr. Roper is already thinking six years ahead at the outset of the litigation.

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Everyone should always be sure to ask standard interrogatory questions including a question asking for identification of persons with knowledge of the facts of the case, a question as to the identity of expert witnesses, and a question as to the identity of persons the plaintiff expects or intends to call as witnesses at trial.  These questions are essential both to obtain the identities of persons to further depose as well as to preclude testimony by persons not properly disclosed.
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