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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Floridapathy

MS "litton" has increased loan balance by hundreds without disclosure. "litton" has also applied an interest amount that does not match the amount of interest in the contract, ie, HUD1 or amort schedule in the last two-three months.

This being RESPA related, would small claims be the proper venue? The amount in dispute does not exceed small claims, ie, less than 5k.

My theory is this, Litton does not show do to the ocwen merger. We loose.

Or, Litton shows, judge orders discovery to uncover the nature of the undisclosed balance increase and wrong interest amount? I wish.

The case would be sent to another court, but before that could happen wouldn't Litton (lawyer) first have to prove standing before anything went farther?

Do I have to send QWR before filing small claims?, Do I even have any time to send QWR to Litton before Sept.1 when OCWEN takes over?

(Quicken-MERS-Avelo-Litton-(Deutsche)-ocwen?) no recording after Quicken.
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Moose
Welcome to the forum!

This isn't legal advice, but you cannot file a RESPA case in small claims - BUT, if you jet a RESPA-related judgement and they don't pay, you can attempt to collect through small claims.

Moose


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Floridapathy

Moose wrote:
Welcome to the forum!

This isn't legal advice, but you cannot file a RESPA case in small claims - BUT, if you jet a RESPA-related judgement and they don't pay, you can attempt to collect through small claims.

Moose

Thanks for the welcome Moose.

I was actually asking if I could somehow circumvent RESPA, and simply go after them in small claims on the merits of their breach of the terms shown the face of the contract?

Also, I know a demand letter of sorts (QWR) must be sent prior to filing suit, but with Litton merging with Ocwen, are my efforts entirely misplaced?

I appreciate your opinion.


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It would appear to me that if the amount in dispute with Litton is under the amount of statue for limits for small claims i.e. in Wisconsin here claims under $5,000.00 proper venue is small claims, you must check the jurisdiction, but here in Wisconsin, small claims is a court of record, meaning that a transcript is made.  Here in Wisconsin, we can also obtain the legal fees. 

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you may want to add a "Breach of Contract" claim also, as the charges were not part of the original contract, many current law suits are now adding this to their claims.
 
you may want to add Goldman Sachs as a named defendant also, before Goldman files bankruptcy for Litton Loan.
 

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Here are some TILA and RESPA claim ideas contain in this pleading for circuit court. The bank back off and offered a confidential settlement .

http://www.scribd.com/doc/54303556/Foreclosure-Answer-CounterClaimDeutschebank?in_collection=3011888

I miss all the smart gals/guys who used to post here. Where are you all ?
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Floridapathy

Ann wrote:
Here are some TILA and RESPA claim ideas contain in this pleading for circuit court. The bank back off and offered a confidential settlement .

http://www.scribd.com/doc/54303556/Foreclosure-Answer-CounterClaimDeutschebank?in_collection=3011888

I miss all the smart gals/guys who used to post here. Where are you all ?


Thank you for the link Ann, the complaint is spot on. Unfortunately, as is 'always' the case, that firm is yet another example of those capitalizing on the "stop making payments, and pay us instead" foreclosure defense angle.

We are not facing foreclosure, and though facing a judge while in good standing on mortgage payments may sway the courts decision somewhat in our favor, we have yet to find any firm willing to file a proactive action, short of retaining a lien against our property. I will not mention the name, but one firm asked for 45% of the value of the property and in return would not define what they "considered" a win. At that cost, we would be better situated to walk away as our home is hardly worth 45% of its purchased price. We're not walking, because we can prove that we have put real money over the years, and unless they can do the same they will not get another free house.
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Steve Anderson

So, can you take the attorney for your lender to small claims court or not. MIne has not followed one letter of the RESPA conditions that relate to QWR provisions. I cannot understand why someone being foreclosed on has to follow specific guidelines and timelines, and the lenders and their attorneys seem to get around them somehow. I would be interested in how to address filing a complaint or taking the lender to court for not complying iwth RESPA laws or acts concerning QWR condition. TIA< SA

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