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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On the civil cover letter, I don't have enough space for all the defendant's
names.    I'm reading conflicting information, first just list one defendant's
name; or second is to attach a sheet with all the defendant's named.

Does anyone know the right answer?     Also, once I file this Monday; should I also file a lis pendans on my own home?

I've been working on this suit for two months now; and find myself getting
bogged down by the little details.
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Moose
Dianne wrote:
On the civil cover letter, I don't have enough space for all the defendant's names.   


"Civil cover letter?"

How many defendants are you trying to sue?  This isn't legal advice but you should look at some federal cases in your district and see how plaintiff's counsel go about listing multiple defendants.

Keep in mind, too, that in addition to filing your complaint, you'll have to prepare a summons for each defendant for the clerk to have signed by the judge and you will have to bear the cost of the service for each of the defendants.

With some limitations you can also add defendants at a later date and the court may actually agree to bring in other parties in a process known as "joinder."

Dianne wrote:
I'm reading conflicting information, first just list one defendant's name; or second is to attach a sheet with all the defendant's named.


Normally, attachments are exhibits, not the list of defendants.

Dianne wrote:
Does anyone know the right answer?     Also, once I file this Monday; should I also file a lis pendans on my own home?


If you have actually filed suit, yes.

Dianne wrote:
I've been working on this suit for two months now; and find myself getting
bogged down by the little details.


I would only offer one other caution - I have seen "shotgun" approaches in trying to sue large numbers of parties, sometimes in the theory that they'll be forced to submit to depositions or provide evidence in discovery.  Some of these have backfired when the court discerns intent to harass or annoy parties that it believes have no material connection to the case, i.e., suing the Secretary of HUD, other government officials or senior executives in a company.

Not knowing the nature of your complaint, it's hard to say if it could be narrowed down to fewer players.

Moose

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Thanks for the info.   That was very helpful.

I've been worried about too many peeps as well.   I have MERS, the Bank, the Bank's servicer, Bank's legal counsel, the substitute trustee who is owned
by bank's legal counsel and FNMA, who the bank now says is the investor that owns the loan.   So six defendants.   

If I don't bring MERS in, the Bank surely will.   And if I don't bring FNMA in,
they can pursue their own foreclosure action while my suit is pending (I think).

I was going to serve the summons via certified mail, return receipt requested;  so each one will run about $8.00 .



Quote 0 0
Moose
Dianne wrote:
Thanks for the info.   That was very helpful.

I've been worried about too many peeps as well.   I have MERS, the Bank, the Bank's servicer, Bank's legal counsel, the substitute trustee who is owned
by bank's legal counsel and FNMA, who the bank now says is the investor that owns the loan.   So six defendants.   

If I don't bring MERS in, the Bank surely will.   And if I don't bring FNMA in, they can pursue their own foreclosure action while my suit is pending (I think).
 

This isn't legal advice but FNMA itself will not sue individual borrowers.

Dianne wrote:
I was going to serve the summons via certified mail, return receipt requested;  so each one will run about $8.00 .




Again, this isn't legal advice, but in my opinion, A certified mail receipt may not satisfy the requirements of F.R.Cv.P. 4., if the party being served decides not to waive actual service.

In some jurisdictions for mail service, you have to include something like a "Notice of Lawsuit and Request for Waiver of Service for Summons," or some form of an acknowledgement response that is signed by a corporate officer.

Others, like California require that someone other than a party to the case do the mailing.

Check your local rules carefully.

FYI - six named defendants should easily fit on the first page of your complaint.

Moose






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