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 received a Notice of Trustee Sale a week ago. First Franklin is behind the foreclosure. Before all this started I sent FF many letters asking for them to prove to me that they hold the note on my house. They did not reply to any of my certified letters. I have seen many bad post about FF on other sites. So I had no choice but to file a lawsuit in Federal Court. I'll be asking all the company's involved in the foreclosure to show me and the court the WET note and to prove who the real note holder is. You and I know they sold the note long ago. I'll be asking the court if none of them have the WET note how can any of take my house. I don't think I will see a court date for about 4-6 months, but they can't touch me now that I have file my lawsuit with the Federal Court. If anyone out there can give some advice it would help. I know you can't give legal advice, but I'll take all advice I can get. Thanks in advance 

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RSG,

Are you filing pro se or do you have an attorney? Did you send a RESPA letter to your mortgage company first?

If you are pro se, I would like to ask you a few questions. I may be going through the same thing. I already sent out my RESPA to the first and second.

cmc
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i am handling my case pro se because no attorney would take my case for less than $5000. i am putting together a suggested guideline. email me with your city/state and i can research it the way i researched mine. some states require loan serviers to file power of attorney agreements with their local county clerk, etc
we have to fight these people on our own and we can do it.
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In response to my 1st post. I filed pro se. I have some paralegals helping with everything. I feel I can handle myself very well  in court. So I want and will be ready for my day. I sent FF certified letters asking for their help with my loan. In those letters I also asked to know who the current note OWNER was. Not HOLDER. They never replied to my 1st letter with calls or letters. I send the 2nd out asking about the 1st letter with the same questions about who the current owner of the note was. No response. I sent out a QWR 8/27/08 again no response from them at all. They put me in default the 1st of August. About a week later they recorded change of Trustee. So how can they file a default and a week later file change of trustee. So these questions will come out in court. I hope this helps some with whats going on. ANY HELP and ADVICE we be greatly accepted. I want to make sure I have everything I need to fight my foreclosure. I'm not looking for a free house. I just want to restructure the loan and move on. I just need to make sure I'm talking to the current owner and not some company trying to rip people off. FF does not want to play fair.

THANKS
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I forgot to say I filed in Federal Court because FF violated my rights under TILA and RESPA. I didn't want to file in District Count afraid the judge would dismiss because he has no ruling over federal law.

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