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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Dimon Lil
This judge should be recalled. He doesn't "get it".

A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases

2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge


FORT MYERS, Fla. -- Hoping to save her house, Saundra Hill Scott arrived at the county courthouse clutching dog-eared mortgage bills and letters from her lender.


She need not have bothered. The foreclosure hearing lasted less than 20 seconds, with Judge John Carlin asking her two questions: Are you current on your mortgage and are you living in the home? She answered no and yes and then offered to show him her paperwork.

"I don't need to see that. That's between you and the bank," he said as he gave Ms. Hill Scott, her husband and three grandchildren 60 days to work out a deal with their lender or vacate their three-bedroom house.

http://online.wsj.com/article/SB123491755140004565.html
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Dear Mr. Corkery: (micheal.corkery@wsj.com)

Thank you for your article about the foreclosure crises in Florida and how the local Courts handle the problem.

Justice controlled by egg timer is no justice at all.  Homeowners subjected to a fifteen second hearing are denied substantive rights all in the name of ‘clearing a docket’.  The Florida Judicial system as well as the Judges and Lawyers who represent that system have become rats feeding on members of their own community.  If there were ever a better case for the evil that now controls many courts and bar associations Lee County Florida is the epicenter.

What happened to the oaths taken by the Lee County Judges and Lawyers? It is obvious Lee County has lost its moral compass – forever.  How many of these mortgages were predatory or fraudulent.  For lack of proper representation we will never know.  A homeless person arrested with an open can of beer will be afforded great rights and representation than a single one of these Florida homeowners.

Denying these homeowners due process will have lasting effects, long after the lawyers $ 100.00 fee has been spent on a tank of fuel for their BMW’s. 

America has become a shameful place when homeowners can be stripped of their home in 15 seconds by a Justice system owned and controlled by the largest fraudulent institutions in the history of the world, our corrupt banks and the legal system that supports that fraud.


http://online.wsj.com/article/SB123491755140004565.html

 

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arkygirl
Outrageous! "That's between you and the bank"

Someone needs to send these fool judges some of Boyko's Ohio rulings. The dumb bunnies don't even realize that "THE BANK" is the one often manufacturing these foreclosures. Doesn't even know that the foreclosing party may not have any legal standing in their courtroom. Stupid judges...the US is crawling with them.

They don't know spit and don't care that they don't know. Just clear the docket so they don't miss their regularly scheduled golf game. Justice, be damned!

Are these judges alcoholics or hermits? Are they living so far above the general population that they have not heard or read any news in the past five years? Or do they drink themselves into their blissful "unknowing place" on a daily basis? Are they even mentally sound? Inquiring minds want to know.
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Digger

Charles Winiowski, MBA NewsLink

TAMPA, Fla.--Mortgage servicers should expect increased state and federal litigation on servicing activities as borrowers and even state and local governments turning to increasingly sympathetic courts to resolve contractual conflicts and/or to disrupt the foreclosure process, analysts said.

Terry Hutchens, president of Hutchens, Senter & Britton, Fayetteville, N.C., told participants yesterday at the Mortgage Bankers Association's National Mortgage Servicing Conference and Expo that while lenders or mortgage servicing firms in the past might be given the benefit of the doubt in the event a home foreclosure case went to court, juries and judges in the current unfriendly judicial environment do not feel as inclined to cut mortgage firms or their attorneys any slack whatsoever.

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The "Rocket Docket" - that is truly F'ed up!


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Richard Davet

“Judges' Sympathy”…………nonsense. I am glad that this judge is not an emergency room physician whose hospital is being inundated by a 1,000 category 5 storm victims ……his logic is, at best ,suspect.

 

Did this Judge read the University of Iowa Study of Bankruptcy cases wherein 40% of foreclosures were being filed by entities other than the owner and holder of the debt? Could it be that he is not holding the financial institutions to the same standard as the debtor’s when it comes to lawfully invoking the jurisdiction of his court.

 

We have very good laws, very fair, very equitable. The problem is the judiciary who refuse to apply the law as written, exemplified by the conduct of this Judge.

 

What is going on in Lee County Fl.? Is the same thing that is going on in every court in the nation? It is all a byproduct of the “Government Sponsored Enterprise Business Model” which is fatally flawed and a scheme which has devastated our financial markets. The Obama bailout is as a result of the failure to rein in the GSE’s and their players. The investors know that the Model is fatally flawed-----and it does not work--------------------when will the Taxpayers figure this out ??????????????

 

 

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    The only hope a pro se defendant has of getting a fair hearing is to hire
a court reporter to record everything the Judge or opposing attorney does.
    Also, it is important for the pro se to understand the procedure before
the hearing. This requires preparation. If the pro se can't afford an attorney, then try to find an experienced paralegal to help out with the documents so they are prepared properly and are legible to the Judge.
    I have personally looked at many case files where the defendant had
a strong case but did not take the time to prepare for the hearing and
submit the proper motions or affidavits which would have saved the home.
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"Also, it is important for the pro se to understand the procedure before
the hearing"


Good advice.  Here in Phoenix I have watched about a dozen foreclosure defense cases filed and the results of those filings.  The process goes: Homeowner gets notice of trustee sale, tries to work it out, then in desperation files Pro Se for a Temporary Restraining Order.

Here are the outcomes I have seen so far:

Most cases don't get the TRO for at least two reasons.  The first is the Plaintiff failed to allege the note was current, or, an allegation that it is current but that the amount that requires the note to be current is in dispute.  The second is that the pleading was defective, i.e., that in addition to the Complaint, the Plaintiff needs a seperate Petition for the TRO.

Another reason the TRO's are not being granted is because the foreclosure sale was already completed.  In one case I followed the Trustee held the sale (knowing the case had been filed) but held the sale anyway.  The Trustee then hand carried the Trustee's Deed to the County Recorder the afternoon of the sale - something I have virtually never seen happen.  The Court was forced to rule the TRO was moot because the Trustee beat the Plaintiff to the Bench.

A third major reason the TRO's have not been granted at the local level is because the Defendant's quickly removed the case to Federal Court.  The main reason the Defendant's have successfully used this tactic is because the Plaintiff did not include a LOCAL Defendant in the lawsuit.  Having at least one legltimate local Defendants keeps the case from being snatched into Federal Court where you don't have the benefit of a local judge and/or jury looking at your case.  When you think about local Defendant that could be the mortgage broker, loan officer, real estate egent, etc.  Just because the Defedant has an office in your state, that doesn't mean the company is a citizen of your state.  You need to make sure your complaint includes a citizen of your state, either a person or a locally based and chartered company - a legitimate Defendant of course.  Being that most loans were originated locally finding someone who touched your papers in your community shouldn't he hard.

Of course, in the cases where the TRO was not granted, a lawsuit continues but the homeowner may be gone from the house.  Most of these cases are too new to determine if, during the pendency of the lawsuit, the Defendant will file a Forcible Detainer action.

This isn't legal advice, just observations from Arizona.

Ken


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Photo says it all.......

Follow the money. 
Click image for larger version - Name: floridarocketdocket.jpg, Views: 38, Size: 63.77 KB
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We live in Lee county and my mom's house is in foreclosure. Our loan started with Conti Mortgage in 1998 and was transfered a couple times till it ended up with Faribanks aka Select servicing a few years back. My mom was part of that class action lawsuit where she recieved a letter saying she was overcharged over $4,000.00 in wrongful fees but ended up getting a check for just over $300.00.

After that we soon fell behind and in foreclosure. Not knowing what I know now we were talked into doing a forebearance agreement for 18 months. Well towards the end of that agreement our loan was transfered to EMC. Right from the get go it seemd like they had all the wrong numbers and info. The forebearance agreement was due to end in a month or two but they had on their records it was still like a year. We finally got that all straightened out but the principle balance seemed wrong and I was never able to get anyone to take a look at it. They did send me some paperwork supposedly showing where payments and things went but it was so hard to understand.

Last year gas and food prices were rising and our paychecks were getting smaller so we fell behind. We were repeatedly told do not worry they would help us and modify the loan. Two days later a man came to our door and served foreclosure papers. In those foreclosure papers there was a count to re-establish the lost note. I had my suspicions in the past that they did not have the paperwork in order but was repeatedly told "do not worry it is locked in a safe in a mountain". Well upon digging a little further EMC finally sent me something from October 31st 2006 saying the not was lost and they didn't know why or how or where or when. They had been lying to me the whole time.

Now we are in foreclosure and I have proof they were never in possession of the note when it was transfered to them.

We have gotten a legal aid lawyer now and she said our case so far is in order and that we did everything right in filing a response within the 20 days. I didn't know at the time but I guess I should have filed a motion to compel but after about 90 days EMC's lawyers did in fact say they do not have the note. They are filing for summary judgement which I guess means it now goes before a judge in Lee county.

The part that scares me though is our lawyer says the judge may not hear or care and grant EMC the right to continue to foreclose even though we can prove they do not have the note and were never in possession of the note. She says that's just the way it is here.

So I guess my question is how can the judges just disregard the law like that?

Does anyone have any opinions on what we can do to make the judge understand?

We want to modify the loan but we want to make sure we are working with the righful owners.

Any opinions are greatly appreciated here or in an email (davepeters239@aol.com)

Thanks

DAVID PETERS
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hgosh
First, what Trust are you in?  Second, please read the Rasmussen Affidavit, found on this site, or go to the link to GetDShirtz (also on this site).  Please understand that the Fairbanks class action settlement was a scam, a sham, and a hoax.  I also suggest that you have your attorney contact April Charney.  Depending on your Trust, EMC may NEVER have had your note, and could possibly be only the servicer.  We will try to help you out, but first let us know the Trust and then read the docs I am suggesting to you.
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I have searched this website and cannot locate the Rasmussen Affidavit.  Can someone give some direction as to where it's located specifically?  Thanks.

Alina

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O -

Help for Weathering the Housing Crisis
The Florida Bar's Consumer Protection Law Committee has resources to aid homeowners and the attorneys helping them weather the housing crisis.

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O -

FREE HELP
Help is available. Begin looking for help as soon as you know you may not be able to pay any of your bills, particularly your mortgage

Intake Form Available To Help Pre-Foreclosure Homeowners Who Are Facing Or Fear The Possibility Of Foreclosure. An online intake form (the actual link to the intake form is at the bottom of the page under instructions) is available for Floridians hoping to avoid foreclosure and to bypass the toll-free hot line of the Florida Attorneys Saving Homes program available from 10 a.m. to 4 p.m. weekdays at 1-866-607-2187. Because of the number of requests for help, there can be a wait time of up to 45 days for assistance.


Housing Help/Foreclosure Workshops

Please check periodically for new events.

If you’ve been served with a mortgage foreclosure lawsuit, bring all of the papers you signed when you got the loan and any court or other papers or letters you have received.

June 4
Florida Housing Help Workshop
Miami
Beverly Park Community Center
6291 Funston St.
6 – 8 p.m.

As part of the Chief Financial Officer Alex Sink's Florida Housing Help initiative, this event will provide details on the new Affordability and Stability Plan. Department of Financial Services’ consumer outreach coordinators, HUD-certified housing counselors, representatives from the Property Appraisers Office, a HUD-approved reverse mortgage specialist and legal counsel will be on hand to review your mortgage documents.

_________________________________________________________


Free Clinics You Can Attend

If you’ve been served with a mortgage foreclosure lawsuit, bring all of the papers you signed when you got the loan and any court or other papers or letters you have received afterwards.

Duval County

Learn tips from
Jacksonville Area Legal Aid on how to avoid foreclosure, foreclosure scams and predatory lending. Foreclosure Clinics are held the second Wednesday of every month at 5:30 p.m. 126 West Adams St., Downtown Jacksonville. Details: (904) 356-8371.
Upcoming dates

  • June 10
  • And each 2nd Wednesday


Duval County

Learn from
Jacksonville Area Legal Aid about your consumer rights and debt collection and credit reports on the third Wednesday of every month at 5 p.m., 126 West Adams St., Downtown Jacksonville. Details: (904) 356-8371.
Upcoming dates

  • May 20
  • June 17
  • And each 3rd Wednesday


Duval County

Learn from
Jacksonville Area Legal Aid about consumer bankruptcy on the first Thursday of every month at 5 p.m., 126 West Adams St., Downtown Jacksonville 32202. For additional information: (904) 356-8371.
Upcoming dates

  • June 4
  • July 2
  • And each 1st Thursday


Lee County
The Lee County Foreclosure Task Force sponsors monthly workshops, with attorneys present to help answer questions. Workshops are held on the first Friday of the month (Spanish workshop); second Saturday and the third Thursday of the month. Reserve a seat by calling United Way of Lee County at (239) 433-3900 or 211 from any landline phone.

First Friday Workshops

  • June 5: 9 am. Location: To be announced


Second Saturday Workshops

  • June 13: 9 .m. Location: To be announced


Third Thursday Workshops

  • June 18: - 6 p.m. Location: To be announced
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Sara

Mike H wrote:
    The only hope a pro se defendant has of getting a fair hearing is to hire
a court reporter to record everything the Judge or opposing attorney does.
    Also, it is important for the pro se to understand the procedure before
the hearing. This requires preparation. If the pro se can't afford an attorney, then try to find an experienced paralegal to help out with the documents so they are prepared properly and are legible to the Judge.
    I have personally looked at many case files where the defendant had
a strong case but did not take the time to prepare for the hearing and
submit the proper motions or affidavits which would have saved the home.


Please listen to Mike and this statement he makes!!!  The last paragraph applies to me!  I am sure that if I was so upset over the suspicious death of my father, I would have handled this situation the proper way.

Sara
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We now have a notice of hearing on August 7th in Lee county Florida. I still fear this rocket docket and am so worried.

The paperwork we recieved said time reserved 5 minutes and I guess it is for summary judgement. Our lawyer says we do not have to attend but I want to anyway to see how things work.

I know our lawyer has asked them to produce the note which they cannot because they do not have it. She has also asked for discovery I guess to find out the trail of the loan and also to see where payments were applied.

I know people in this thread have asked about which trust it is in and I am not sure so I will post what the paperwork says.

Plaintiff - The Bank Of New York Mellon formerly known as The Bank of New York as trustee for certificate holders of Bear Stearns asset backed by securities trust 2006-4 asset backed securities series 2006-4.

Sorry for not posting earlier it is just I have real trust issues now especially after dealing with Fairbanks/Select Servicing and now EMC.

When we first got the paperwork for foreclosure I emailed the Mellon bank asking about our property and gave them the address and this was their reply.

Thank you for your recent correspondence.

After researching our database, we do not show any records of the
address(es) listed in your email.  If you have documents showing we are
the Trustee, please send it to me so I may research further.  All
applicable documents should be sent to me via email.

Thank you for contacting The Bank of New York Mellon.



I guess my main question is what if the judge just pushes this through?

If the foreclosure is final I do believe we can hopefully do a loan modification with Chase, but I have a big problem paying someone who may not be the rightful owner.






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Dave,
There is a Bear Stearns ARM Trust 2006-4.  If this is the REIT your mortgage is in, your attorney may want to know about this:
Coughlin Stoia | Bear Stearns Mortgage | Press Release
Jul 9, 2009
July 9, 2009 – Coughlin Stoia Geller Rudman & Robbins LLP (“Coughlin Stoia”) (http://www.csgrr.com/cases/bearstearnsmortgage/) today announced that a class action has been commenced on behalf of an institutional investor in the United States District Court for the Southern District of New York on behalf of all persons or entitles who acquired the Mortgage Pass-Through Certificates (“Certificates”) of Structured Asset Mortgage Investments II Inc. (“Structured Asset” or the “Depositor”) pursuant and/or traceable to a false and misleading Registration Statement and Prospectus Supplements issued between March 2006 and April 2007 by Structured Asset (collectively, the “Registration Statement”). The class includes purchasers of Certificates in the following trusts (the “Issuers”):

Bear Stearns ARM Trust 2006-4 is one of about 20 BS REITs listed in this suit.

Date FiledJuly 9, 2009
CourtSouthern District of New York




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Sara
good luck!!!

S
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What does happen if the trust is being sued and we are in foreclosure? Does it have an impact on the foreclosures in that Trust?

I am in the same situation with the Trust my mortgage is in.

cmc
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Knows About Trusts
Quote:
Originally Posted By Dave
Sorry for not posting earlier it is just I have real trust issues now especially after dealing with Fairbanks/Select Servicing and now EMC.


Dave, it really is NOT a good idea to post many identifiable specifics regarding your litigation on a public message board.  I would generally refrain from posting your full name, the precise place of litigation and any specifically identifiable aspects of your case.  Posting a common first name or another "handle" and the state in which the property is located is probably sufficiently general to avoid problems.
 
Quote:
Originally posted by cmc
What does happen if the trust is being sued and we are in foreclosure?  Does it have an impact on the foreclosures in that Trust?

 
The pendency of litigation by investors in the mortgage trust certificates is essentially irrelevant to your mortgage foreclsoure action UNLESS something is expressly admitted by your plaintiff or evidence is FILED in the other case.  You can follow such a case using the Federal PACER online document access system for a fee.
 
I seriously doubt that this litigation is going to produce anything overly useful to you in the short run.  Discovery tends to take place in the background and discovery responses are rarely filed until needed in support of a motion, motion response, hearing, or trial.
 
There are probably many more productive areas of investigation as you prepare to defend your home.  If you DO decide to spend much time going over these pleadings, please SHARE WITH US what you learn that might be helpful to others!
 

 



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