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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William A. Roper, Jr.
In an appellate decision handed down by the Florida Court of Appeals for the Second District on Wednesday, March 9, 2011, the court reversed a summary judgment in the case Sandoro v. HSBC Bank, N.A., as trustee.

In this case, the Defendant filed a motion to dismiss based upon the plaintiff's failure to satisfy conditions precedent, as well as failure to attach the alleged promissory note.  The plaintiff later filed what it asserted was the notice of acceleration, without any authentication of this document.

Moreover, the suit, originally brought in the name of Wells Fargo Bank, involved a substituion of plaintiff to HSBC.  In support of the substitution and denying the defendant's challenge to the plaintiff's standing, the plaintiff proferred an assignment shown to be executed on October 9, 2008, and notarized on October 10, 2008, (how does that work again?) which purported to transfer the mortgage to HSBC "on or before" April 3, 2007.

The Court found that disputes as to material facts precluded the summary judgment, reversing and remanding.

The case traverses a number of issues which have been mentioned in other decisions and posts.

The full Lexis citation is currently:
Sandoro v. HSBC Bank, Case No. 2D10-195, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, 2011 Fla. App. LEXIS 3091, March 9, 2011, Opinion Filed,  NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.,%202011/2D10-195.pdf
This might be a nice case to cite where similar disputes are shown within the record of a case before a Florida Circuit Court.


Comments are solicited and encouraged.

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William A. Roper, Jr.
The Sandoro case is up on Google Scholar:

This version has links to other cited cases. 
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