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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Steve Anderson
HI, I have been working on a Motion to Dismiss for Insufficiency of Process. A lot of people who I have encountered said that even though RPAPL 1304 notices and the accompanying warnings must be served or delivered 90 days before a foreclosure summons is issued, that the court won't recognize this as the Motion mentioned above or an Affirmative Defense.

What and Why? I guess I am not understanding this legal process. This is a  Real Property Actions and Proceedings Law. How can this procedure be ignored? Someone would have to not follow the letter of the law to circumvent this deliverance. Has anyone out there used that in a Motion or an Affirmative Defense? In NY, it must be followed, I even have a major precedent that says it must be delivered to all the defendants in a foreclosure complaint.

I believe I am beginning to realize that unless someone has used a particular path and has seen certain results they  cannot comment properly on its usage. To be honest, it seems quite simple to me, and if a judge didn't allow it, then he could be sanctioned or censured or whatever the proper verb is.
If someone could enlighten me on this subject, I would be so appreciative as my Motion for Time Extension is up soon. Thanks for listening, hope you can assist, SA
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Texas
http://nysbar.com/blogs/RPLS/2011/08/rpapl_section_1304_notice_cond.html
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Steve Anderson
Yes, I know about this precedent, been down that road a million times since I started defending this foreclosure. I keep hearing that this is a very viable defense, esp. in a Motion to Dismiss for Insufficiency of Process. However, I haven't even gotten that far yet.

Cam someone get me up to speed on filing an objection to a lender's attorney introducing all sorts of documents before this foreclosure even gets its wheels in motion? Thanks for listening, hope you can assist me with RPAPL stuff or objection filing, SA
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Maybe this can help from http://www.mattweidner.com/blog
Defendants are Not Getting Notice / Due Process in Foreclosure Cases

No Service of Process = No Due Process

No Service of Process = The Homeowner Still Owns The Home

Homeowner Ownership Claims = Massive Title Insurance Claims

Massive Title Insurance = Insolvency of the Title Insurance Market

Just wait until the smaller local press picks up on these issues and starts advising the minority members of the community about their Constitutional Right to Due Process. (The minority communities are going to be hardest hit by abuses by the process servers and the trash out companies.) It’s going to be hard to explain how Rosita Diaz got served on January 1, 2009 in Miami Dade when she just happened to be in Puerto Rico at the time. Process in some cases is just thrown on doorsteps or tossed at strangers….but we know that in too many cases, the process servers have abused the process. Forget about Robo Signers, Sewer Servers are where the real title claims are going to come from and you cannot just ignore those issues.

Attached below is an example of claims of no service based on a local attorney who I know well. I am certain that this attorney has absolute confidence and belief in his client’s claims and we are going to see many more such claims going forward. Remember, there are no statues of limitations on No Service of Process claims and that any Final Judgments or Titles to property based on fraudulent service of process is void. I expect that we’re going to hear wild stories and see quite a bit of documentation that will show just how out of control and flawed the process servers have become in the middle of this foreclosure chaos…..

NoService

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Court Order on Motion to Quash Service
http://www.scribd.com/doc/40030429/Motion-to-Quash-Service-Foreclosure-Defense
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Steve Anderson
Oh no, think I have made a major legal mistake that somehow escaped me all this time I was asking about RPAPL 1304 notices. I just realized that they might not be in a simple form that said RPAPL 1304 but could have been just notices from the lender threatening foreclosure.

I mean the plaintiff's attorney sent some with those wordings a few times, but never thought of them as official RPAPL 1304 notices with the required 5 places to contact stuff.

Could someone please explain to me what one looks like, or what I should be looking for, for example, that the RJI addendum foreclosure part asks for in NY state. Wow, think I have made a huge blunder, though I never received anything that looked official until May 25th and that wasn't even 60 days before the summons was received and it wasn't sent certified mail, in fact, nothing was. Well, will await some ponderings, thanks for listening, SA
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Steve Anderson
Ann, most of those links you added don't work, but thanks for trying. Does anyone anywhere have a Motion to Dismiss for Insufficiency of Process....and can this be used right after a time extension motion?

SA
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