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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
I will make this short and to the point
over 6 yrs ago I closed on my loan

9 days later I found out on my own they closed on my loan w/o payoff, so my cash out was 5800 less. I tried to cancel my loan, my LO said I could not because my 3 day recission was over, they changed my paperwork after the 3 day recission, they inflated income, appraisal, and lied about employment.Etc

 when I filed a complaint with the AG, I found out they reclosed on my loan w/o me and no signiture, so there is 2 closings 1 signed, the other not signed and figures are different.

So I stopped making house payments, they never registered the payments to be made thru the court until suit was settled, so 5 yrs later my case is in the Chicago Fed courts, and I die more and more everyday not knowing if I will have a home, I got sick and can't work now for 4 yrs.

What can you do to end this? can they take my home or not, do I need a different lawyer. I'm fed up and need this to end. What about this 2nd closing I didn't know about, and didn't sign. Why can't anything be done, also my loan has been sold twice and the Co that has my loan paid my taxes, with no payments made and no escrow Can anyone help?
Quote 0 0
X emp

This is my first time on this site, if what you are saying is they reclosed and there is a Hud 1 Settlement that isn't signed and dollar amounts are changed, is the loan amt diff? From what your saying there is no LOAN PERIOD, what about the title co that worked with Ameriquest, go to your court house and look up all the paperwork on your house.Your lawyer can get your loan out of Chicago. I will guide you step by step on what to do.

Quote 0 0
.

Quote 0 0

They didn't change  the loan amt, there are 2 different hud-1 closing documents, the fees and all those charges are different, 1 is signed the other isn't.

Quote 0 0
Honest Help

Fed Up wrote:

". . . So I stopped making house payments, they never registered the payments to be made thru the court until suit was settled, so 5 yrs later my case is in the Chicago Fed courts, and I die more and more everyday not knowing if I will have a home, I got sick and can't work now for 4 yrs.

What can you do to end this? can they take my home or not, do I need a different lawyer. . . ."



FedUp: It is almost never a good idea to stop making payments as Caroline57 elsewhere in this forum also ran into. Even though it is now well known that servicers frequently and knowingly cheat their customers it's hard to make a case for stopping all payments to them.
1) Getting a new attorney at this late stage sounds like a good way to unnecessarily spend extra money; right off the bat it will cost an extra $1,000 to bring a new lawyer up to speed. A $2,500 retainer is likely.
2) When was the last time you made a payment?
3) How much money are you behind in comparison to the equity in your house?   

Quote 0 0

When my loan was sent to Chicago, I had 4 attorneys from other states I didn't even know, and they all told me my loan should never of gone this far, for the fact they re-closed on my loan after I tried to cancel, there was so much more to mention. I stopped making payments when they jumped up more than what my disabled husband made, plus 1/2 of my pay at the time,they never responded to the lawyers recend letter so after lawyers gave me their advice. I stopped, it's been 5 yrs, and I know I can lose my home at any time. they over appraised my home by 45000. So I wait to see . No one has tried to do anything. My lawyer is a good man, he just doesn't know what to do now it's in Chicago. There are 6 -7 counts of fraud on my loan. I have actually thought of walking away and giving the house back, but 5 attorneys told me no way. 

Quote 0 0
Honest Help
FedUp if your house is appraised at $45,000 what is the difference on what you owe vs. the $45,000?

Have you been living in the house for 5 years without making a payment?

What do you mean by  "there are 6-7 counts of fraud on your loan?" Fraud by the servicer? Lender?

Were there really five (5) attorneys who advised you not to walk away?  FIVE?!?  Perhaps they knew you were better off getting 5 years with no payments. Without further information it's hard to say what to do but from little I know I'd say 5 years with no payments on a $45,000 home sounds like you did better than some have.  Sorry about your illness.
Quote 0 0
JohnH
Honest help, they said that their house was OVER appraised by $45K not appraised for $45K.

JohnH

Quote 0 0
x emp

I think I can sum up some of the confusion, with all the counts of fraud, I bet every TILA AND RESPA laws were broke, there is something in your loan, either your lawyer or no one has caught besides Ameriquest, to keep them from foreclosing, And from 30 yrs experience I'ts the fact there is a 2nd closing, not signed and changed, anytime there is a change after you close, by law you have to re-sign the new closing and your new recission starts after the re-signing. So I believe your bein advised not to make payments, due to the fact you legally don't have a loan, They can't take a home if there is no signature, I'm surprised they didn't cut and paste, like they did others.

Quote 0 0
I want to thank everyone for the e-mails and advice and concerns.
On my appraisal I have a correction it  was over appraised by 51000, which I paid and never got a copy, so I paid for my own, the reason I didn't think much at the time was I live in a town where in a 5 mile radius you have homes from 100.000 up to 350.000. 

I have called my lawyer, waiting for his call, I want to tell him to contact their attorney and tell them to settle one way or another to end this, to take my home or settle.
Quote 0 0
Honest Help
Thanks John H, my bad on the overappraised $45,000.

FedUp said:
"On my appraisal I have a correction it  was over appraised by 51000, which I paid and never got a copy, so I paid for my own, the reason I didn't think much at the time was I live in a town where in a 5 mile radius you have homes from 100.000 up to 350.000. 

I have called my lawyer, waiting for his call, I want to tell him to contact their attorney and tell them to settle one way or another to end this, to take my home or settle."


FedUp what do you mean when you say you paid for the $51,000 over appraisal and never got a copy?

Also after 5 years without making a payment what do you currently owe vs. what your home is worth?



Quote 0 0
Fed Up

I paid Ameriquest 350.00 for an appraisal, which they never gave me a copy, the 1st closing listed the 350.00 which they took out of closing, the 2nd closing which I never saw or signed said I was not charged for an appraisal. So after research and talking to lawyers I hired my own appraisal and there the ones who told me My house was over apprised, which I got their copy. Ameriquest would never give me there's. As far as the difference from  the over appraisal and what I owe is about 20.000. I do not like living in my home under these conditions. I just want the truth, Living here and not making payments is not a free ride to me, it's torture. I just don't understand why they don't foreclose, I just want this to end. I have mentally prepared myself this could happen. I have gotten so many e-mails, and they all tell me they haven't foreclosed is because they legally can't.I just want the truth. Believe me I pray all day every day and ask God what to do.

Quote 0 0
Fed Up

Sorry I read your question wrong. My loan amt is 129.000 I owe 75.000 in back payments. They appraised my house at 175.000, the new appraisal I had done was 124.000, 

Quote 0 0
Honest Help

FedUp do whatever your lawyer advises. No one in here can assess what your best move is any better than your own lawyer at this 5 years and $75,000 behind in payments stage.

Quote 0 0
O -

Have you had any luck finding out what's going on?

Quote 0 0

I LOVE YOUR ANSWERS HONEST HELP!

No one in here can assess what your best move is any better than your own lawyer at this 5 years and $75,000 behind in payments stage.

FED UP--I agree DON'T GIVE UP! It sounds like at this point you should have a criminal complaint filed somewhere. Has your atty done this? Can he determine who should actually have such charges filed against them? In my own case to me their acting criminally . There aren't alot of attys that do criminal complaints at the level we need them. It seems a RICO SUIT WILL BE NECESSARY. Greg Collins on here is familiar. If we know City/state maybe we'll know of an attorney who gets it there.  There has to be a way to get thru to those who can make a difference and who attempt to make a difference. While its few and far in between I'm finding some intelligence I wasn't previously.


While each case is individual these aren't easy times for anyone facing such a blood bath as they'll encounter in our court rooms today. Being a consumer we're suppose to know the rules of everything they do in court and still pay an attorney to reprsent us. Its truly a NIGHTMARE what their all doing! How many  irrepsonsible people there are. And its the courts making it worse instead of helping like their suppose to.  Their making all of us out to be liars! Their no better than us. We need to be HEARD! Just the way I see it!


Be Blessed,
K


Quote 0 0
Fed up;

Your attorney should have a forensic review/loan audit preformed on your closing package to put an end to all of this. This will determine what RESPA
violations there maybe, possible Appraisal violations, possible TILA violations and/or Mortgage Note violations.

Being this is what we call a subprime and/or B-C Lending chances are there were violations. Plus the fact of not signing the second HUD with possible loan changes.

This would allow you to renegoticate the terms of the mortgage and allow to start fresh in some cases or abolish the mortgage entirely based on the findings.

Your attorney should have been working on that. I hope you have a foreclosure attorney defending you.

Tina
Quote 0 0
4 Justice Now
I'm just a bit curious... Has our Country, its politicians, judges, and the entire court/legal system really become so entirely corrupt? 

Could there really be anyone out there who has any reason to believe that this Multi-trillion dollar scam/fraud might actually be investigated and those responsible prosecuted, other than the obligatory short term imprisonment of a few bit players, just as in the S&L fraud of the 1980s?

Does anyone even remember that $500B fraud including McCain's role in the Keating Five along with the criminal stupidity of good ole Neil Bush (the ex-presidents criminal, smarter brother or would that be the criminal brother of the criminal ex-president of the criminal bush family).

It's all so very sickening to say the least.


IMHO
R,

4J
Quote 0 0
4 Justice Now
Once again... just in case.
 
I'm just a bit curious... Has our Country, its politicians, judges, and the entire court/legal system really become so entirely corrupt? 

Could there really be anyone out there who has any reason to believe that this Multi-trillion dollar scam/fraud might actually be investigated and those responsible prosecuted, other than the obligatory short term imprisonment of a few bit players, just as in the S&L fraud of the 1980s?

Does anyone even remember that $500B fraud including McCain's role in the Keating Five along with the criminal stupidity of good ole Neil Bush (the ex-presidents criminal, smarter brother or would that be the criminal brother of the criminal ex-president of the criminal bush family).

It's all so very sickening to say the least.


IMHO
R,

4J


Quote 0 0
Thanks everyone for all the help.

This is what I do know, 4 yrs ago a mtg attorney looked at my loan, and joined in with my lawyer, and said every respa and tila law was broke, I've even had attorneys from other states, who I don't even know how they know about my lawsuit and told me to tell my lawyer he's going in the wrong direction. They have all said no signiature no loan, the 2nd closing, which I did not even know about was not signed.My lawyer said as long as it's in Chicago no one can do nothing, I just want them to either take the house or settle, this is torture. Why don't they take the house?
Quote 0 0
They won't take the house because they know you are holding the jokers. From what I gather of what you have written there isn't even a time limit on your claims except for the TILA violations which would run 3 years from when you discovered the fraud.

File a quiet title action and see if they even respond. You may be surprised. That is just a suggestion by the way and is not to be considered legal advice. But what if they didn't answer? hmmmm

 And 4J, you've only scratched the surface. I'm right there with you brother. It's more than sickening, it's treasonous.
Quote 0 0
Tom could you explain more about the title.

3 yrs after the lawsuit the other lawyer helping mine filed a letter of recend, Ameriquest came back saying they don't have proof I tried to cancel my loan, nothing has been done, were going on 6 yrs.
Quote 0 0
4 Justice Now
Tom,

You're certainly right about that! It is treason, and so much more. I wish more people would just take the time and look at the facts of what has and is happening all around them.

There are many here who do have a good understanding of what is going on, clearly better than I. But even when counted together we are still a pretty small percentage of people compared to the over all population.

I know I quite often have to remind myself that although these crimes are now so very obvious and incredibly important, there's simply not that many people who have had the same sort motivation, reason or rational for devoting such a high level of their time and interest towards this issue as many of the victims here have. 

Thank-You!

R,

4J  
Quote 0 0

I live in Missouri.And I pray to God someone that can help will read my story. Basically I was told there was so much fraud on my loan, to stop paying pymts, because if I made pymts it would show they did nothing wrong. I tried to cancel my loan after the 1st closing and my LO would not let me. So 6  yrs later I have had a breakdown because I DO NOT know where we will live, and I don't understand why they don't take my house, and I don't understand why all these loans are in Chicago, there's so much cruption going on for so many people, I have read alot of stories about people like me, and it sickens me that no one can help. Ameriquest sold my loan to Citi and now City has sold my loan to American Home Mtg, now how can that happen?So I sit and wait until I win or homeless. God Help us all...I would love to have Media help, Boy would I talk for all of us...

Quote 0 0
4 Justice Now
Unfortunately, the media for the most part anyway is owned and/or controlled by the very same people who have planned and executed this ruthless, treasonous scam.

R,

4J
Quote 0 0
Fed Up,

I understand your frustration and concern. Please keep in mind that I am not an attorney so what follows should be checked with your local competent council.

A quiet title action is one where you file a claim with your local court saying that you do not believe anyone has the right, or the proof of a right to have a lien against your property. You do have to name and serve anyone who you believe would possibly say they have a right to a lien such as your original mortgage company or anyone they supposedly assigned your mortgage to. You may also have to serve a generic Does 1-10 notice in your legal news under legal notices for 30 to 60 days as well.

If these people do not answer with proof of a claim within a certain timeframe, say 30 or 60 days (check your local rules), then the court will issue you a free and clear title as a legal judgment.

It's just a shot in the dark, but they may not answer. Ask your attorney and see what they suggest.
Quote 0 0
O -
That sounds like a good idea that Tom has. Has this worked for anyone in this kind of case?

I think Judge Aspin had the cases, is he still the Judge? Is there any way to find the case info?

Ameriquest should delete the mortgage of all the people that they ripped off.

Best of Luck!




Quote 0 0
As far as I know Judge Aspin is still the judge, about a yr ago my lawyer got a letter stating they were going to send the cases back to their original states, that never happen, Was told on another site that the lawyers were trying to get a MDL going, guess that's like a classaction, if that happens I guess we all lose.

Thanks Tom for the advice,  it's worth a try, Sometimes I wonder if I need a new lawyer, but after this long no lawyer would want this case, believe me I've talked to alot and they all give good advice, but only want involved if it goes to trial.,
Quote 0 0

Fed Up,

I've been in the same situation here in MO. I'm the one who had the feds/us marshall here at my new res for asking for help. For the most part I'm without an atty and have been for some time. Even when I did have one all they attempted to do is make me out to be the bad person for not believing that I had loan origination fraud created against me.

Forget the fact the 2nd came to court over two years ago without standing. And knowing they never had staniding prior to coming to court and the judge just looked the other way. But yet up east they get help. Its just not right!

It seems the US trustees may be willing to help but I won't hold my breath!  Have you talked to them or had your atty do such? I spoke to the one here in St. Louis. He let me know the others I have contacted have been referred back to him so who really knows what to do? Somehow they need to quit passing the crap down to us for no reason!


The discplinary counsel expects us to be just like lawyers if we're fighting. I think that doesn't help anyone as well. Especially, when you've tried everything to be honest and forthright and you just keep getting crapped on for no reason.


Quote 0 0
Fed Up,

While your case is in Chicago has your atty thought about bringing charges against the person who did this to you initially? Has a background check been done in MO? You know thru the fed and state courts? Maybe that would be an angle to take.
Quote 0 0
The strange thing is back in 2003 when this all happened my lawyer did have him personally in the lawsuit, but when we had our depositions, Ameriquest said they couldn't find this guy, but when this LO was served the Sheriff said Ameriquest in St. Charles said he didn't work there anymore, but during his depo, when they did find him, he said he worked there until the following March this is 5 months after, For some reason he was released, because, it was his word against mine, he said I din't try and cancel my loan, I even called the corp off., they pretty much laughed and said it was my fault, so much lies were told, When I went before the judge  in 2004 I said none of this would of happened if he would of just let me cancel my loan, but since I did it verbally and not on paper, she actually said she was not familiar with mortage stuff, it's a joke, at his depo when Ameriquest said they finally found him, (yeh right) they hid him I think.,He lied so bad and I had to sit there and be quiet, he squirmed and turned red, I almost shook to death I was so mad. I just think my lawyer doesn't know what to do. I just want to face this LO eye to eye in a court room, but then again the media and others say it's the borrowers fault.,I came to the conclusion no one can help but God., no one else cares.,

What did they do to you? 
Quote 0 0
The Equitable One
I'm not an expert in TILA/HOEPA by any means, but I have read them a few times. It appears to me that the statute of limitations applies to recission, but not to statutory damages. Also noteworthy is that HOEPA has provisions for "enhanced statutory damages" that include a return of any and all monies from borrower to alleged lender, and further this applies to each and every violation.

4 years at payments of $1250/month = $60,000.00
7 violations                                                           7
                                                          $420,000.00

Add to that figure any and all closing costs, fees, etc. It gets big quickly and can not only completely offset the alleged debt, but also put $ in borrowers pockets.

Remember, I make no claim to being a TILA/HOEPA expert.

Quote 0 0

Thanks, I just want it to be over, I keep trying to get the word out so someone can help.,Like I said before I think God is my only help now. I wonder on judgement day what will happen to all these crooks, aren't they afraid? I wonder how my LO can sleep at night.

Quote 0 0
Write a reply...