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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Being in NY I know it's a long road for the bank, (like 3+ years) after 13 months of not paying I was served.

Just filed my answer yesterday, thanks to input from this forum and researh online I think I put together a strong answer.

This case involves a trust setup Option One and closing back in 2006, but the bank forgot to assign the mortgage.
They just did it in June '12, a bit late!!!

Mers is not involved in this.

I did QWR last year to the servicer, the copies of the mortgage and note do not match the exhibits attached to the Complaint nor do they match the papers on file recorded with the county, not sure where they got them from.
Also don't think they knew I had done a QRW beforehand and they should have fun explaining that.

My question is steps to expect next.

They will file a reply in 30 days.

I'm thinking at that time to file discovery or should I wait for their next move.

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I have the same thing in N.J. with One west Bank, but I filed a Motion to Dismiss With Prejudice and was it denied this Friday. The funny part was that it was going to be Granted according to the judge's chamber because it was not opposed by the plaintiffs within their twenty days. The judge(chambers) placed a call to them after the 20 days and low and behold, they suddenly are given time to respond to the motion. All this while the judge and clerk were on vacation.
While waiting and doing the things you need to do, look up this article that may help you.
http://livinglies.wordpress.com/2012/03/17/freedom-of-information-act-requests-show-onewest-bank-misrepresentation/
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FnDoomed
They filed a complaint. You filed an answer. Does your applicable rules provide for a plaintiff to file a REPLY to an answer? In federal that's only allowed when the court orders a REPLY to an answer.

MORE - in my state court I can launch discovery immediately. Why wait? Hit them with Roper's baseline three ROGS and DOCS.

RESPA has a three year statute of limitations. Read RESPA under duties of the servicer in response to a QWR - maybe some violations in there give you a counter claim. Be sure to plead some actual damages - printer paper and ink, mileage etc., and emotional damages because this experience has caused you to suffer mental anguish.
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Jessica
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They filed a complaint. You filed an answer. Does your applicable rules provide for a plaintiff to file a REPLY to an answer? In federal that's only allowed when the court orders a REPLY to an answer.


In most places, the office and function of pleadings is to frame the issues and put the adversary on notice of basic claims and defenses. Usually, the only reason that a reply would be necessary or required would be to set forth defenses to a defendant's counterclaims.

If either the complaint or answer was inadequate or defective, this usually needs to be addressed by filing an amended complaint or answer. Look to the rules of your jurisdiction to ascertain when it is permissible to amend. Some amendments are always allowed, other require leave of the court, which usually requires a motion for leave to amend.

If the basic pleadings adequately and accurately set forth the claims and defenses the very last thing you want to do is to prematurely put on more detailed arguments and array your evidence. The case will actually be decided upon motion (e.g. motion to dismiss, summary judgment, judgment on the pleadings) or at trial. As long as the pleadings establish the basic claims, you should probably await the appropriate motion/response, hearing or trial to begin to array more detailed arguments or evidence.

But do take care to note the pleading requirements to make certain arguments with particularity. Read the rules!
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Angelo
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I'm thinking at that time to file discovery or should I wait for their next move.



In NY there are mandatory settlement conferences after the RJI is filed, in which each side must meet and try to work out a modification. All motions and discovery are stayed during this time. It might not be in your best to hit them with discovery to early, because they might have months, if not years to prepare if you show your hand to early.

Plaintiff's have been waiting to file their RJI's until after the defendants defaulted in answering.
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Jack
I've been told by lawyers I spoke to before I decided yo file on my own that if a good answer was filed the Plaintiff will delay in filing the RJI as long as they can if they can't prove their standing or have the note.

In my case it is doubtful the mortgage is or can be in the trust, 6 years after the trust closed.
therefore, they likely don't have standing.
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