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

Can anyone tell me a homeowner's position after being foreclosed upon then discharged from BK 7 than having a Rescission of Trustee's Deed recorded putting the lien back in homeowner's name(due to inadvertance and oversight)?The debt was discharged in the bankruptcy. Are there any defenses for the homeowner?

Quote 0 0
Interesting question Rob.
   Unfortunately, you don't give enough information for us to truly understand
your situation.
   For example, what State are you in? Did you file before they took your property or after they took it? or did they even take it yet?
   Enquiring minds would like to know!
Quote 0 0
I live in AZ, refinanced in 2007, 30 yr fixed with broker who sold in 30 days to WAMU, then Fannie. A mers assignment to chase as beneficiary, subtrustee   and N/TS  in April 2009 I was in hospital better part of 3 mos. Contacted them and applied for Hamp mod but was denied based on my illness, offered a special forbearance if I paid 6 mos would be re-evaluated.I made the payments and complied with doc's needed and foreclosed on during the evaluation process 12 mos later.Then filed the BK 7 when I was served the forcible detainer complaint.BK judge (I was foreclosed end of story) lifted the stay to proceed with forcible detainer only to have opposing side dismiss that case. Discharged BK 7 Jan 2011, Rescission Trustee deed may 2011. I requested 2 QWR's received copies of DOT and note without endorsements and told anything else is confidential. I'm still living here, I just know for how long?
Quote 0 0
   My experience is 100% in Florida, a Judicial foreclosure State so my knowledge of Trustee Deed states like Arizona is limited to what I have
read on sites like LIvingLies by Mr Garfield, who also lives in Arizona.
   I may be wrong, but it seems to me the Note (ie the debt) was wiped out
in Ch 7 BK and you are now a tenant in the property.
   I have no idea if the foreclosure was done legally or not, only an Arizona
lawyer could tell you that but it seems like it is a done deal. So the real
question is "Do you want to buy it back from whomever now owns it and
continue living there, remain as a tenant, or move on and buy or rent another
property. Only you know the answer to that.
    I would get an appraisal done and figure out if it is possible to buy it back
at today's price or what the fair rent would be. When you really think about
it, the real objective is to avoid becoming homeless, especially if you have
health problems.
Good luck.
Quote 0 0

I've been on death's door once already, I asked for guidance and looked within and the devine answer I received was an Eye for an Eye ! If you don't fight for what is right, you will surely get what is deserved nothing!! That is what the Banks are counting on!

Quote 0 0
    Your reaction is understandable. When something bad happens to us, our
first reaction is to blame "the other" and seek vengence. This is exactly what
Satan wants us to do. It usually leads to even more problems. Our prisons
are filled with people who fell for this Satanic trap.
    Looking "within" is not the answer, looking "without" ie in the Word of the
Creator is the real solution. You will be amazed at the results. This is not
theoretical, many have experienced the healing power of the Holy Spirit.
    On a different level, my view is that the World is one big "gambling casino". We enter in without studying the game before we place our bets.
Satan and his offspring laugh at us all the way to the bank.
    If on the other hand, we study the game before we place our bets, we
have a much better chance of winning. Also, every time we lose, we should
look at it as a learning experience and not make the same mistake twice.
    The key is to remember, it isn't over til the "Fat lady sings". So get back
in the game and don't make the same mistakes the next time around.
    If we look at history, we see cycles of inflation, followed by deflation.
We need to ride those waves like a Surfer, not fight against them. Look at
all the bargain basement real estate all around you and stop agonizing over
the past. Look at the present and shake off yesterdays woes. Move on!
     Create a new future for yourself with the help of the Holy Spirit.
Quote 0 0
Are they just words: "If you don't fight for what is right"

Then this reply: "When something bad happens to us, our first reaction is to blame "the other" and seek vengence. This is exactly what Satan wants us to do."

There are two battles being waged, one based on man's law and the other based on God's law.

God has the right to seek vengeance in any manner he chooses, so if God listens to ones prayers and provides guidance, who are we to say it is selfish vengeance.

Mike H, I assure you I know the Bible about as well as I know the UCC.

Quote 0 0
    Thanks for the response. My point is that all Law begins with the Creator's
Law, ie the Ten commandments. Genesis shows us the Creator's attitude toward "sinners", ie "sinners will not be winners" in fact they will be destroyed.
    So the first step in defeating Satan and his followers, is to get right with
the Creator by studying his Commandments, genuinely repenting of the ones
we have violated and make a pledge to do better in the future. Once we have cleaned up our own act, then the Creator will send the Holy Spirit and
show us options we never dreamed of. On this issue, I speak from experience.
     The problem for America is that we have allowed the Evolutionists and the "God is Dead" crowd to destroy our belief in the Creator and his Laws.
Victory, ie the liberation of America from Satan's "Debt & Usury" system, begins with a change in attitude and a return to "old fashioned values".
     The enemies of "true America" have been very successful in their program
of "culture destruction" leading to "debt slavery".
     It's time to join the "Creator's Liberation Army" and start kicking Satan's
Butt out of America. Satan can not stand against the Holy Spirit, but we
need a "sea change" in attitude in this country. Complaining about the corruption is not enough. First change oneself, then go to war against Satan
and all his followers. So far it has worked for me. I've had a few victories, and I'm no lawyer, just a warrior for the Creator.
      Once you start thinking like a warrior, you will have the courage and wisdom to know how to fight Satan and send him running like the coward he is.
    Fear is your worst enemy, once you overcome that, the rest is easy.The
Holy Spirit banishes fear and gives you certainty in your objectives. Try it!
Quote 0 0
Mike H,

Unfortunately, I asked a question in this forum trying to find a solution to a complex problem I am facing and opened myself up to you passing some self serving judgment upon me by referring to the 10 commandments etc. Sir, you do not know me and if you did you would know I have no issues determining between what is right and wrong. I am fighting for what I feel is right even in the face of adversity because the lender obviously screwed up or they wouldn't have reversed my foreclosure.(they don't do this just to be nice guys) Instead I got your religious beliefs thrown at me and I don't think this is the forum for spiritual beliefs or would be named as such! So go ahead and keep on with your dribble and I will go someplace else!!

Quote 0 0
Dear Rob,
    Sorry you were offended by my "pep talk". Since the lender reversed your
foreclosure and the debt was wiped out in Ch 7 BK, what exactly are you complaining about?
    Instead of complaining, why not Thank the Creator for his divine intervention and the reversal of your misfortune?
Quote 0 0
Write a reply...