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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I am from a non-judicial state, house has been foreclosed on, sold on the market, there is no redemption period and they cannot come after us for any deficiency.  (My house sold on the REO market for a lot more than was owed)  I hardly knew anything about the foreclosure process, I did not apply for any mods, I had lost my job as well as my husband, could not afford an attorney so we thought we did the "right" thing by just letting the process happen. 

Then one day I found this site as well as other sites and was amazed at what I read.  I pulled out my foreclosure papers and everything else that went with it and started to read info and compare it to my paperwork.  After reading the info, and I know states differ, I am almost certain there was fraud all the way from the loan origination through the sale.  I know that there are SOL regarding fraud and that the SOL starts when you discover the fraud.  My question is when I, the homeowner, thinks something is fraud, is that when the SOL starts?  Or do you need the audits and an attorney to look at the paperwork and that's when the SOL starts?  I know that we would need to get an attorney but I am trying to get my reasons I think there is fraud before even going further.  Does my question make sense?  Any opinions or suggestions.  Thank you.

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Foley
I can only comment from what I have seen in the courtrooms from the last 2 years of listening in on homeowners who choose to fight in my non-judicial state in the Federal Bankruptcy Courts, District Courts, and State Courts.  I am not an attorney.

From my experience, the courts are very corrupt.  I can count on my hand the number of judges that will follow the rule of law.  When I listen to them talk and look at their faces, my interpretation is that they just don't give a sh*t.

"You know, I get alot of these..."     
"Well they are in possession of the note, so that's all that matters"
"Oh you must have seen that movie Inside Job, right?"
"What's that you signed, it's called a note. What's this you signed, it's called a deed of trust."  Did you pay or not?


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Moose
Katie - you are not alone in thinking you were defrauded. The system of foreclosure has been dismally unjust for years, as one writer says, it's the "garbage disposal" in the kitchen and the faster it works the better, otherwise the restaurant (mortgage lending) can't stay open.

I don't believe all judges are corrupt but I do believe they have been guilty of looking beyond the "four-corners of the evidence."  When they see a borrower living in a house for a few years and making payments they fall back on their belief in some kind of efficacy in the lending and real-estate business that would not have let someone get a house and live there unless it was all done right - after all, they probably bought a house and had a mortgage and haven't had any problems.

That picture is changing slowly. The judiciary has an ugly black eye for letting the foreclosure mills get away with it for all these years BUT, if you've had any financial difficulties at all there is an automatic stigma in place and to overcome it you practically need to demonstrate willful and intentional acts on the part of the perpetrators.

As to the SOL - the time windows for Federal and state courts vary depending on the state you live in.  That question could be answered with a phone call to your local free legal services entity, i.e., "legal aid."

Hope that helps.

Moose






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