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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arichardss
Ok here's another EMC scene.. They filed a motion before the court without notifying my attorney or me and the Judge signed it.

The motion was to extend lis pendens for THREE MORE YEARS..(stating extensive litigation that would be settle by the orig expiration date)

My question is , should a Judge ask if they've copied us on the motion or is it our responsibility to keep checking the file every day?

I'm so sick of these people.
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Knows About Rules
You need to very carefully read and understand both the state and local court rules for your jurisdiction.  In most places, rules are in place requiring the service of notices, motions, pleadings and applications for orders on all parties of record.  An EXCEPTION often exists as to the service of motions during a scheduled hearing, as long as the motion pertains to the subject matter of the hearing.

Most jurisdictions require that some sort of certficate of service accompany such documents.  The certificate of service would typically contain a sworn statement or affirmation certifying that each other party WAS served in accordance with the rules.

It is NOT altogether unusual for the "good old boys" to bring the judge a motion or an order and obtain his signature WITHOUT serving the parties.  This tends to be a violation of both the law and the bar rules.  But particularly in the case of parties representing themselves pro se, the court will rely upon the fact that the pro se litigant rarely has the knowledge, skill and wherewithall to file a timely proper objection.  Moreover, where they sneak through an order in this way, they can usually reasonably HOPE that the defendant will NOT discover it in a timely way and will thereby be UNABLE to appeal.

Usually, there are some provisions of law and/or court rules that allow a party to overturn these orders by a bill or review or another mechanism when extrinsic fraud can be shown.

But beware.  The dishonest shyster will sometimes fabricate some indication that you WERE actually notified.  And you may have some difficulty presenting persuasive evidence to the contrary.  That is, HOW do you prove that a letter was never mailed when the plaintiff says he mailed it?  Even if you were able to prove that the letter was never RECEIVED, this wouldn't disprove that it was mailed.

It is usually easiest to prove failure to serve when the allegation of service contains some very specific information, such as that you were served at precisely 3:15 PM at your home, but you were actually in a low earth orbit piloting the Space Shuttle performing weightlessness experiments on national television.  Or allegations that they served Morris SMITH, an adult person at your home (and the name on your doorbell), but Morris is your CAT.

Personal service is mostly required only for citation at the inception of the suit.  Usually some other service, most often by mail or facsimile, is considered to be adequate thereafter.  Proving that someone did NOT send a letter or a fax is problematic.  It is easer to prove that they sent it to the wrong address, etc.

You may need to consult a local lawyer to explore your options.  One challenge you face is that IF this sort of motion is granted routinely, EVEN IF you succeeded in having it set aside as improperly granted, the plaintiff will just reapply and get a new order.  Under these circumstances, you need to ascertain how much ammunition and energy you want to expend on a matter which may prove to be unimportant and upon which you may not ultimately prevail anyway.

Do your homework and then carefully pick your fights!  
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Before you go kicking in the door and shooting everyone inside and then asking questions, know this:


A Lis Pendens is just a public notice that a lawsuit is pending regarding your property.   There is nothing contained it that a judge signing, would affect your case.

The Lis Pendens filed with the county recorder.  It allows anyone looking at the title to your property know that there is litigation regarding the property.

That only means to you, that if you tried to sell it, the buyer would be forewarned that their purchase is subject to the decision of the court in that case.

So, take a deep breath and relax.  You were not wronged and there was no deception going on.  Most places do not require a notice to the other party.

You could file the Lis Pendens on your property regarding the lawsuit.


arichardss wrote:
Ok here's another EMC scene.. They filed a motion before the court without notifying my attorney or me and the Judge signed it.

The motion was to extend lis pendence for THREE MORE YEARS..(stating extensivie litgation that would be settle by the orig expiration date)

My question is , should a Judge ask if they've copied us on the motion or is it our responsibility to keep cking the file every day.

I'm so sick of these people.
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Digger
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Ok here's another EMC scene.. They filed a motion before the court without notifying my attorney or me and the Judge signed it.


Have your attorney notify the court that you were not served, but as previously stated, read both your local court rules and your state rules of civil procedure.  It should tell you everything you want to know.  Don't let these crooked attorneys get away with anything.  Hold them to the rules.

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arichardss
Thanks, Digger.. And Barbie.

Digger what you said makes a lot of sense. And Barbie I do know what a lis pendence is thanks though in case I didn't, however the fact that they gave no notice to a motion that they put forth to the court shows that they are underhanded.  They state in the affidavdit that they need the extenstion "due to extensive litigation" meanwhile your right I can't sell refi or anything.

I don't know if it is a battle worth fighting though.  Except that if they were not granted that motion, the statue of limitations would have expired, meaning they could'nt get jack squat..

It amazes me how they could'nt post a mortage pymt properly yet they can be very clever when it comes to matters like these..


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Actually arichardss,  the Lis Pendins does not qualify them for anything. 

If it had expired, it would not affect the outcome of the case.  The lender is just putting the public on  notice so there are no "bona fide" buyers in case you sell or transfer title.

This is a common legal tactic.

Don't take it personally, and don't feel like they are pulling a fast one. 

There will no doubt be times when they pull a fast one.  Unfortuntely, it typically is because your attorney was asleep at the wheel or is ill equiped to take on the the big guns.





arichardss wrote:
Thanks, Digger.. And Barbie.

I don't know if it is a battle worth fighting though.  Except that if they were not granted that motion, the statue of limitations would have expired, meaning they could'nt get jack squat..

It amazes me how they could'nt post a mortage pymt properly yet they can be very clever when it comes to matters like these..


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I agree with others that it is not a battle worth fighting.  There are many times a Motion can be filed, mainly when it is just to advise the Court they are doing something.  Many of these are usless Motions because the Court won't do anything anyway.  The fact that you found the motion would eventually argue against your position that you didn't know.

In most jurisdictions a 'Motion' is an application for an 'Order', otherwise it is a "Request' or a 'Notice'.  Oftentimes when a Court gets a Motion that isn't asking for something that would end up in an Order, the Court simply construes the Motion as a Notice and moves on without action.  The other side didn't need the Court's permission to extend or renew a Lis Pendens so possibly the Court simply docketed it without needing to rule.

As for the Lis Pendens.  It just an administrative function.  Any party in the lawsuit can file it without notice, extend it without notice, or, withdraw it without notice.

I would look at the additional three year period as simply more time to build a better case!
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