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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I was battling a foreclosure in 2006/2007.  I had been discharged from my bankruptcy in 2006.  Shortly after the discharge, I received Act 91 notices from the servicer (At least i think they are the servicer).  I had my bankruptcy attorney look into their claims of default.  I have every single certified return receipt, bank statement, and can celled checks of my payments through that bankruptcy.  I made every payment monthly and they were claiming that I was in arrears.

I have since had to file for bankruptcy again but I objected to the mortgage claim.  (I didn't know about the note process or my rights to object to the foreclosure.)  I hired a forensic accountant and their reports indicate what I have been claiming and then some.

My question is:  If Fannie Mae did the foreclosure process, how is another mortgage company involved in the proof of claim of the amount they claim I owe?  Fannie Mae did not file the proof of claim.

At this point I don't know who owns the note.  I do have transfer notices but the assignments at the court house leaves Fannie Mae as the last assignment in 1993.  I have asked for proof of ownership in my objection in the bankruptcy court.

I am in a perpetual hamster wheel in research.  Get me off of this thing!  Can anyone give me info on my question?  I appreciate any suggestions.  Thank you.
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connect the dots
you answered your own question:

"the court house leaves Fannie Mae as the last assignment in 1993". if that is what is in the court, it's fannie mae.

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Hi Bobbi,

I sent you an email.

Yes, they have to go by what is recorded in the court house. 

I presented this question to the Master In Equity judge at my hearing.  He said the same thing.

Sara
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Thank you guys for the input.  So I can at this point, assume that the mortgage company that's involved in my bankruptcy is claiming they own the note.  They didn't outright claim they are the holder of the note.  They only attached copies of the note to their proof of claim.  Thanks again.

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Bobbi, this same thing is what's happening with me. 

When I was 1st served, Popular Mortgage started flipping my mortgage around so I had no clue of what was happening or who to pay.

I think this is a scam!  And the federal government needs to put a stop to it.

Sara


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The wording in the paperwork I have received simply indicates transfers of servicing.  I did look up the definition of servicer and the outcome was mind boggling.  The definitions I came across did not explain in full whether a servicer is the holder of the note (They can be).  They do not come right out and claim that in my bankruptcy.  I do realize that a servicer can process a proof of claim but what I don't understand is how they are involved with the last known note holder which is Fannie Mae. 

In a previous foreclosure attempt (1999), the foreclosure was filed by plaintiffs Federal National Mortgage Association c/o Golden National Mortgage.  On a side note, Golden National transferred servicing to the current mortgage company in 2005.  The current mortgage company does not include any affiliation with Fannie Mae. 

When I was forced to file the chapter 13, my attorney suggested that I contact my congressman about this game with mortgage company changes.  I did meet with a rep from the congressman's office and was directed by the congressman later to seek assistance with our United Neighborhood Center (a service through  The United Way).  They reviewed my paperwork and directed me to file complaints with the Attorney General, and the department of Banking in our state. 

Because of my open case in the Chapter 13, they felt I should wait until the outcome of the dismissal case by the trustee.  A lot of money is being spent on this process.  It's a night mare financially.

Does any one know how an original note can be determined as tampered with or forged?  Do you have to hire a signature specialist of some sort, or a detective?  Does the judge have authority to determine this? 

Sara, if you don't mind, are you in the foreclosure stage?
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Bobbi,

I don't know what state you are in. But in Florida there are statutes that clearly states:    The plaintiff in a mortgage foreclosure must present the ORIGINAL PROMISSORY NOTE as a duplicate of a note is NOT ADMISSIBLE.....

Sometimes you need to do the leg work for your attorney. Especially if they do not specialize in this kind of litigation.

So what state are you in?

cmc



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CMC,

The foreclosure is stayed at this time and has been for almost two years due to my filing chapter 13.  If my case is dismissed (I hope it's dismissed in my favor as it is not my fault) I will probably be back in court to fight the foreclosure that is filed in my county court.  It's just that I do not know for sure who actually holds the original note.  We'll perhaps find out in my next bankruptcy hearing.

As for the state I'm in:  Middle District, Pennsylvania.  It truly is hard to locate legal counsel here.  I am actually doing all of the leg work because the assistant for the law firm claims that they do not handle much else than filing the cases.  It's crazy because everything I am researching involves the issues in the bankruptcy.  Let me also add that the law firm that I am represnted by is a chapter 7 trustee.  Go figure.  No one else would give me the time of day in my area.

By the way, I've been following all the cases from Florida and Ohio.  At least someone is paying attention in those states.  There still seems to be a lot of work ahead for everyone though.

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I handle loss mitigation work representing the homeowner. I believe the all gov't services are involved with cover ups.

Going to the United Way or visiting your congressman is letting them know what tracks they may need to cover.

The gov't got AIG, Bear Sterns and other financial companies involved in mortgage lending by asking them to do so. God only knows how much money they received from the gov't to get involved in this mess. 

AIG manages all the gov't pensions. That is one reason why AIG got bailed out with no stipulations to the bailout money.

In regards to loan modifications; the servicers are having the borrowers sign most of their civil rights away so they can not get sued. Fannie Mae/Freddie Mac practice the same method. There really is no help for homeowners. Just another way for the big time bank representatives to keep making the big bucks and pass the buck.

Think about it, the gov't uses our money to bail them out, but no one wants to bail out the homeowner because the banks are being paid to stay in business by the gov't.

I actually have a Chase representative on tape stating that this particular loan is a Freddie Mac loan. The borrower is not behind so they decided to set the borrower up on a 3 month deferrment of payments; still charging the borrower late fees and marking their credit late so they can modify the loan.

Now for every mod that is approved under Fannie/Freddie, the banks are getting paid from the gov't per mod. So they took a performing asset and turned it into a non-preforming asset so they can get paid and screw up the borrowers credit. Nice one!! The misleading information I am fed from these lenders on a daily basis is unreal.
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I truly can believe what you are saying, believe it or not!  Nothing surprises me too much anymore.  The United Way was funded, or is funded, by the government to supposedly assist us all.  Part of the HOPE funding I think.  Anyway, they did help by letting me know that I wasn't losing my mind with the bookkeeping nightmare created by the mortgage company.  I did notice a change in the model chapter 13 plan and request for input at http://www.pamb.uscourts.gov/Proposed_Model_CH13_Plan.htm and the actual recommended changes to it in http://www.pamb.uscourts.gov/pdfs/USBC_PAMB_LBF_3015-1_Redlined_011409.pdf 
It seems that debtors attorneys and judges are not too sure how to handle objections and adversary pleadings regarding the mortgage mess.  It's quite a step to try and force the mortgage companies/servicers to play fair, but they'll probably find a way around it.
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