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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Tobey
Does anyone know of cases dealing with successful adversary proceedings in a chapter 13 bankruptcy dealing with the first mortgage? I'm looking to hire a lawyer but I want to read up on some cases before meeting with them so I can understand more about it.

I saw a few cases in the law lounge, but I was hoping there were more out there"

Thanks in advance!
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FnDoomed
I'm up to my eyeballs in a chapter 13.  What are your issues?
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Moose
Tobey wrote:
Does anyone know of cases dealing with successful adversary proceedings in a chapter 13 bankruptcy dealing with the first mortgage? I'm looking to hire a lawyer but I want to read up on some cases before meeting with them so I can understand more about it.

I saw a few cases in the law lounge, but I was hoping there were more out there"

Thanks in advance!


This of course is not legal advice, but what is your idea of "success" in a bankruptcy case?

A temporary stay to buy time? - it will do that.

A challenge to the proof-of-claim to stop the servicer from padding fees and charges or to force the servicer to correct errors? - maybe, depending on the Trustee's relationship with the local servicer's counsel.

The bankruptcy business is like a local club - they do business day-in-day-out and know each other on a first-name basis and they know who they can trust and who they shouldn't; they don't know borrowers and in the main, consider them as people who can't manage their own affairs.

If you're looking for a case where a predatory servicer got whacked with the $500K fine for a fraudulent PoC you won't find one. They have lots of wiggle room and unless their local counsel is utterly incompetent, they will keep plugging away at it - trying to get an order of relief for the automatic stay.

Part of the reason for this is the fact that most Chapter 13's are dismissed as opposed to discharged. Which means the filing did little more than throw in a delay.

Again - this isn't legal advice, just opinion from an old-hand, but a bankruptcy starts you off on the defensive, albeit a less expensive one than hiring counsel and suing or responding to the servicer.

The Bankruptcy Trustee's role is to assure creditors get paid properly. They have, in the past, been reluctant to take on the fight for a borrower being preyed on by an opportunistic servicer. When there is a dispute, they turn to the Judge to make a ruling. Those Judges are now waking up, but their waking up to the bogus documentation - not to how borrowers are being preyed on by opportunistic servicers.

If you haven't already found an attorney, make sure the one you decide to use is familiar with challenging the proof of claim all the way to appearance before the Judge AND with appropriate objections and motions to establish standing for an appeal beyond the bankruptcy court.

Just MHO.

Moose


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   FnDoomed,
 
    I'm up to my chin in CH13. I got one hella case...
 
 
    Lets compare notes.
 
 
    Shoot me email to:    providencegroup@ymail.com
 
 
    I will give you my phone number.
   
 
                                                                        Bill
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    Moose,
 
   Great post, as usual. I sincerely appreciate your candid CH-13 summary.
 
   My CH13 (10-25290-BAM, Nevada) is in front of Judge Markell (Author of In re Veal Opinion). I'm up to docket 291 in 10 months. My ex counsel called me overachiever... lol... 
 
   BoA filed claim to collect debt discharged in prior CH-7 in 2002. In my Claim Objection, I am asking Judge Markell to impose 500k penalty. But you are right, I probably won't get him to impose it. Eventually, one of the judges somewhere will. So we all just need to keep trying.
 
   As far as purely defensive posture of BK cases, I respectfully disagree. IMHO Adversary Proceeding (lawsuit within BK) can give the Debtor all of the offensive weaponry of State or Federal Court, while Debtor is protected by BK statutes.
 
   It appears to my layman's eye, that majority of the interesting decisions are coming from BK Courts (unless you are in Florida, or elsewhere with great lawyer).
 
   I will be posting a comment tonight regarding Matt Weidner's recent Allonge comments and how to interpret them in light of Veal decision. I would truly appreciate any input from "old hand"
 
   Happy 4th of July to everyone!
 
 
                                                               Bill Kay
 
 
                                   
 
  
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    Sign up for Pacer and then you can read all the cases you want and see what every BK lawyer in town is doing.
    Chapter 7 is very informative because you have "motions to lift the stay"
being filed all the time. Very often the creditor lacks the Note or a proper
endorsement or assignment and then it gets interesting. So sign up for PACER
and start your legal education.
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The most successful attorney in servicing fraud cases seems to be Max O. Gardner
He has prevailed in 101 of 102 cases. A list of his trainees can be found at:
http://www.maxbankruptcybootcamp.com/find-graduates

The three that I called didn't return my call. Hmmmmm
If you want more recommendations, follow this link and I'll get one from Mandelman
http://mortgage-monster.com/sue-your-lender.html

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The most successful attorney in servicing fraud cases seems to be Max O. Gardner
He has prevailed in 101 of 102 cases. A list of his trainees can be found at:
http://www.maxbankruptcybootcamp.com/find-graduates

The three that I called didn't return my call. Hmmmmm
If you want more recommendations, follow this link and I'll get one from Mandelman
http://mortgage-monster.com/sue-your-lender.html

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George Burns

Is it 4000 or is it 1500 reports produced?
Is it 4000 that were successful out of the 1500 or what? 4000 out of 1500 would be a fantastic ratio.

From the website:

" For 2011, third party negotiators can’t do anything you can’t do yourself. The solution is to prepare yourself with the same unbiased calculations the banks use to calculate the Net Present Value of your property and your hardship.
To date, we’ve run approximately 1500 REST Reports. Of the ones that have gone to court as foreclosure defenses, every single one has been welcomed by the foreclosure judge as unbiased proof of a foreclosure solution that stands up to the most critical scrutiny. The judge brings his gavel down on the knuckles of your clueless mortgage servicer and makes it clear that he will hold the servicer legally accountable to good faith negotiations – as evidenced by the calculations of that same REST Report. (Want a court transcript? I’ll send you and/or your judge one.)"

I can't wait to see a court transcript.

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1500 is an outdated typo
It should read 4000 out of 4000 successes, so far.
and the quoted text id from my mortgage modification/short sale page

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Bill

pompapah wrote:
1500 is an outdated typo
It should read 4000 out of 4000 successes, so far.
and the quoted text id from my mortgage modification/short sale page


If you have a transcript or case post it.  If not go away scammer. 
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