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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Well the judge did say that with Lasalle no longer the holder i can reopen up the case and it would stop the foreclosure.Where they EMC/and Bank Of America would either have to redue my loan or refile which would give more even more time.But how would i file that paper wise to the court?I have been doing this myself cause i can't afford a attorney.But there lawyer was told that i cane file the papers to have the case reopened based on Lasalle Bank going under.I do believe they are doing something wrong and will continue too till they are stopped.What papers would i file?Please help me.Mark
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FYI
Mark,
LaSalle Bank didn't go under. It was acquired by Bank of America.
http://en.wikipedia.org/wiki/LaSalle_Bank
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h gosh
Mark, What Trust is your note in?  In other words LaSalle was the Trustee for???
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The Equitable One
This may feel like merely "cold comfort" Mark but among the first steps I believe you should take are:

1) Read the rules of civil procedure for whatever state you are in. It isn't difficult to find them. Simply google for you your states rules.

2) Try to locate and secure copies of the National Consumer Law Center publication titled "Foreclosure." You may be able to find a copy in the local library, or in the local law library - or even purchase a copy. They aren't terribly expensive. You will find tons of valuable info, and even some pleadings that are fairly well put together. You will have to modify them to fit your circumstances but they can provide a good starting framework.

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h gosh
Mark - the info posted above is bogus.  What trust is your note in? 
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LNT
 I am coming up on a Summary Judgement hearing soon.
 
In this case the trust is US BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE SARM 2006-1 TRUST FUND.
 
I am trying to find the "chain of transfers" and don't knpw how to begin.
 
I asked for this in discovery, etc. but got no response.
 
Any help would be appreciated.
 
LNT
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The Equitable One
LNT,

I don't know what you do and don't know so please don't assume I'm talking down to you.

In re summary judgment - make sure you have some form/s of affirmative evidence (I think that is the proper term). Relying on denials alone isn't usually enough to overcome a motion for summary. My unschooled thoughts are that public documents that conflict with plaintiffs allegations or counts, and affidavits submitted by either yourself or someone else on your behalf would qualify.

To find your chain of  transfers, or chain of assignments, you may be able to locate the Pooling and Servicing Agreement, and other documents, that govern your alleged trust, by doing a google search for the trust itself. In the search results look for any links that go to the SEC.

Other documents could include the Prospectus, the Private Placement Memorandum, the Form 8 - K and Form 10 - K, as well as others. All of these will have information you may be able to use.

You may also want to do a search in the public land records office yourself, or have a title search done by a qualified professional.

h-gosh, what information is it that you consider to be bogus and what leads you to that opinion?

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h gosh
Dear Equitable One - I wasn't referring to your post - I was referring to the post re LaSalle Bank and BofA.  That information would lead the original poster down the wrong path.  The fact is that EMC doesn't own any Notes, and in fact, most of EMC's notes were resecuritized in Bear derivatives.  I was attempting to find out what Trust LaSalle was Trustee of.  Sorry if you misinterpreted my post.  I apologize.
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LNT

Thank you - Equitable One,

Since I don't know a lot about the securatization and Trusts, are there any other sections of the Trust other than the ones you mentioned (Pooling and Servicing Agreement, Prospectus, the Private Placement Memorandum, Form 8 - K and Form 10 - K, that are extremely pertinant to our cases ??


Thank you again ... LNT
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Digger
Mark, you MUST go to the county recorder's office and look up the Deed records on your property. That is "supposed" to tell you who owns your note, but in MOST cases the assignments are not filed.

The law, at least in my state, requires assignments be filed. If there is a break in assignments, then the note should be void.

The bank cannot go back and later file a pre-dated assignment.

If you don't know what you are looking at, ask the clerk at the deed records.


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