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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let me preface this by saying-yes i was behind in my payments. tried for loan modification. they turned me down. then-had a short sale approved (verbally) they foreclosed anyway. any attorney i talked to wanted $5k upfront to take the case because i did all the research and proved my case is one that would be dismissed. so i did it pro se. and missed a few steps along the way. all the pro bono law services in town wont take my case. now we're being evicted.
worst of all-my original bank-the plaintiff-went out of business in 2001. according to nys real estate law-any successor must file assignment of mortgage with the county clerk. they also must have a loan servicing agreement with the "bank". so-the foreclosure went through-tried to get a stay on eviction-but i missed a big step-filing the appeal with the court where the original judgment was granted. so i will try to get that done monday-otherwise by next friday we join the ranks of the homeless.
as i said no attorney will take the case without a $5000 retainer. the new york state attorney general wont get involved because its a lawsuit.
the governor's office said to contact the banking commission.
none of the local radio/tv stations will take on reporting the case.
so i loose my family home of 40 years with it being taken illegally.
oh and neither of the presidential candidates will help.
i called chris cuomo on good morning america-not  return call
i called donald trump's office-not a return call.
no one cares out there.
good luck to anyone else fighting this loosing battle.
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If there is any fraud upon the court that you have evidence to back this claim up with you can file a motion for a new trial (it will be a hearing first) based on this "new" evidence. You'll have to look up the law in your state to see exactly what it says and cite the statue. With the motion file an injunction staying the eviction until at least the hearing can be done. Even asking for the eviction to stay while the motion for new trial based on new evidence is being heard - injunctions typically will be granted (or not) within 24 hours.

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Digger

 In Puckett v. Cox , it was held that a pro-se complaint requires a less stringent reading than one drafted by a lawyer (456 F2d 233 (1972 Sixth Circuit USCA)  Justice Black stated in Conley v. Gibson . 355 U.S. 41 at 48(1957) "The Federal Rules rejects the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." 

 

According to rule 8(f) FRCP all pleadings shall be construed to do substantial justice."  (underscore added)

 

It could also be argued that to dismiss a civil rights action or other lawsuit in which a serious factual pattern or allegation of a cause of action has been made would itself be violative of procedural due process as it would deprive a pro-se litigant of equal protection of the law visa vis a party who is represented by counsel. (no cit.)

 

In a fair system of justice, victory should go to the party who has the better case, not the better representation with deep pockets and influence.

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Miss Molly
Since your bank went out of business in 2001- can I am assume it is superior Bank?

When this bank was shut down- the FDIC sold off many of those loans to EMC *Bears Stearns* who recently settled with the FTC on charges that most likely have affected your loan & how it was serviced. Illegally.

I would assume that anybody who had EMC/Bears Stearns for servicers & was being foreclosed upon would be able to get some time from the court to have the account checked for inaccuracies & fraud considering the seriousness of the FTC charges. Especially if it was a Superior Bank loan. Those loans were considered toxic government garbage.

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bank was IMC Mortgage, who sold their loans to lots of places-citifnancial, etc as well as bundling them as trust loans.  no one filed assignment of mortgage after imc.

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h gosh
Kathy - re IMC - Citifinancial assumed the servicing rights to the IMC loans, which was subsequently purchased by Fairbanks Capital.  There are issues with that portion of the transaction.  Concerning the rest of the IMC business.  You are correct, there are issues with who purchased the trusts, or notes, and also the mortgages.  I have seen assignments that have been ante-dated back 7 years that have altered the history of the notes, and these assignments are being accepted by judges who are just too lazy to read the paper, or too ignorant to care about the fraud.  Do you know where your note was at the time of foreclosure (the trust or trustee?)  Also, Citi filled a blanket assignment in many of the states.  Check under Citifinancial at your recorder's office to see if you can find one.
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plaintiff on all correspondence is still listed as IMC Mortgage. i am also trying to get copy of advertisement of foreclosure to see who is listed as the plaintiff in the announcement

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tired and tattered

My nephew was in real estate and he has lost his home. It has been over a year since they started forclosure on him. He has file a chapter 7 and he thought that he was done with this mess. (He had Country Wide, Who told him he needed to get a better job when he tried to get a loan mod) Now they are telling him that he is responsible for selling his home. He has found out that they are illegally going out of turn in the foreclosure and this is due to the fact that he is in a desireable neighborhood near a park. With all the talk about the foreclosures we can still see that there is still no justice being done. We have surrendered our home (to HomEq Servicing and Homecomings)and we have filed a chapter 13. Where we filed our BK they have a loss mit. dept. We are very concerned that we will suffer some of the same consequences. We have not received any foreclosure papers as of yet. It has only been a few months since we stopped paying our mortgage. It just isn't getting any better for most of us. All we cand do is pray and try and move on.

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Tired and Tattered,

Your nephew should go after them. See this is the same thing I've been complaining about for sometime. He filed Chp 7 and walked away to get a new start. After I'm sure they harassed him to death. He needs to check and see what county records say.

Even though one can file chp 7 and walk away if for whatever reason the mortgage company stopped the foreclosure or foreclosed and no one bought if the home is in his name it'll stay that way until they take it for back taxes. Which they can try to leave him on the hook for cause it was never transferred out of his name. Craziest Crap there is!

Definitely, tell him to contact his attorney...As far as a chp 13 goes its the same thing if that home isn't out of your name they can still try to harass you as well...crazy crazy crazy....

Best of Luck

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tired and tattered

What if his house doesn't sell anytime soon? You mean they can keep charging the taxes to him even though he has already been forclosed on? What does he need to tell the attorney in order to stop the taxes from adding up? Boy this mess just gets better all the time.

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tired and tattered

I think the reason they are doing this is because they are overloaded with homes. They are wanting us to help them with their dirty work.

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