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
h gosh
Update re my case with EMC.  Had hearing on 9/17.  New hearing scheduled for 10/15.  EMC must prove standing.  EMC attempted to block Opposition for Relief from stay claiming Opposition was filed late.  Judge responded:  ) The deadline was Saturday, 9/12.  Therefore the next business day would be 9/14, which was met by the McGraths.  You surely aren't implying that this court should deny a Debtor one full day to attempt to save their home, because you calculated when the answer would be due and chose to serve on a distinctly advantageous day for you.

EMC then attempted to use Res Judicata and Rooker Feldman.  The Judge responded: 
Concerning Res Judicata and Rooker-Feldman - you haven''t shown this Court that you deserve to be standing here demanding anything.  The Debtor has shown substantial proof that you may not have any interest in this case, except possibly for additional profit.  I also note that EMC has not filed any proof of claim, yet they are demanding that I allow them to surreptitiously take the Debtor's home.

So, I won the battle - hopefully I will win the war.  There are two issues I have to keep hammering home.  1) in 2001 if Chase Manhattan and Fairbanks had no rights to my note, why did they institute foreclosure and why were they accepting payments, especially since I had to pay $17,000 up front to save the home; and what about the settlement I entered into?  2)  the collateral for the note is not the home I occupy.  I have title to nothing!!  Where are my equitable rights?  How many people will pay for nothing!!  Any advice out there?
Quote 0 0
H Gosh,

Just keep your optimism. Stick to a couple of articles Max Gardner did within the last couple of months. He has some excellent info. Glad to hear things may of gone in a more positive light for you.

good luck!
Quote 0 0
Also make sure they prove the original. If they can't their doomed. You'd think they pull the documents. They make every banker do this to do anything with them. Why shouldn't they have to PROVE UP THEIR CLAIM?

KEEP THEIR FEET TO THE FIRE. May the LAW be on "YOUR SIDE FOR A CHANGE!"
Quote 0 0
Philip S.

Quote 0 0
The Equitable One
I tried posting the links to what I think you're referring to top gun. For some reason the site won't allow it.

Perhaps someone else would do that?

Quote 0 0
h gosh,

Great news! Keep up the fight. It's always awesome to hear any success
Quote 0 0
TEO,

Here's the links to those pages.

http://www.creditslips.org/creditslips/2009/08/the-lack-of-evidentiary-foundations-fosters-fraud.html#comments

http://www.creditslips.org/creditslips/2009/08/show-me-the-original-note-and-i-will-show-you-the-money.html#comments
Quote 0 0

Hi Guys,

I decided to do some more background work. This case opinion someone may find interesting. I did. As I was snooping around looking for info on the scumbags I used to work for. Being in the biz I figured they had a few lawsuits. Which they do. This is from one of them. http://www.lamb.uscourts.gov/opinions/2007-09-14_99-11735.pdf

I also found another case where an atty quit bcuz of someone signing his name without authorization.
http://www.paed.uscourts.gov/documents/opinions/98D0365P.pdf

In particular he speaks about this on pages 3-4.

Just thought maybe it may be helpful...The 1st read has good info regarding sanctions...

Quote 0 0
h gosh
Thanks for the post Topgun, I have a friend who is tied up right now w/ Shapiro, Logs, et al.  This info will come in very handy for them.
Quote 0 0
Write a reply...