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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If lack of standing must be dismissed without prejudice, how are other parts of the case, such as counterclaims, handled? Is everything dismissed at the same time? 

Who pays the plaintiff and defendant's legal fees if the case is dismissed for lack of standing?
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Usually when the plantiff's case is dismissed without prejudice, the court would then look at the counterclaim, and the roles reverse. In my state, the court may actually order a separate trial, or just continue with what they have going. Sometimes the counterclaim is handled that same moment as the dismissal. And sometimes, both the claim and counterclaim are dismissed at the same time. If the cases are dismissed and there is no winner, no one pays the other side.
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Usually when the plantiff's case is dismissed without prejudice, the court would then look at the counterclaim, and the roles reverse. In my state, the court may actually order a separate trial, or just continue with what they have going. Sometimes the counterclaim is handled that same moment as the dismissal. And sometimes, both the claim and counterclaim are dismissed at the same time. If the cases are dismissed and there is no winner, no one pays the other side.

 

In most places, each party pays their own legal fees no matter who prevails.  The exceptions to this general rule are where a statute calls for the payment of attorneys' fees of where the contract itself calls for the payment of attorneys' fees.  Most mortgages, deed of trust, security deeds or other similar mortgage security instruments call for the payment of the Lenders' attorneys' fees by the borrower, but this provision is not symmetric when the borrower prevails.

 

There are a few cases where courts have held plaintiff's responsible when a case is dismissed for lack of standing.

 

You need to research the hell out of the law as to your own jurisdiction, ask for, but not usually expect to win attorneys' fees and not be overly disappointed if you fail to obtain your attorneys' fees.  

 

This has been discussed before elsewhere, but the topic probably deserves its own thread.

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