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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FnDoomed
Imagine... Joe invests $10,000 with Pete so that Pete can start a plumbing business.  Pete ends up with a dissatisfied customer Charlie who takes Pete to court.   It turns out that Joe is also the sitting Judge.   If Charlie discovers that Joe is an investor in Pete's plumbing business, then Charlie has cause to have Judge Joe recused.

I've run across a couple of instances where somebody said that:

1. Judges have retirement plans therefore
2. Judges are investors and if
3. Judge owns mutual fund with BANK stock then
4. Judge is an investor of BANK and the judge must be recused.

Joking around with my attorney I brought up this scenario who simply called it a career limiting move, lol, but is it even plausible?    I can't think of anything else that would alienate a judge faster than even looking in this direction...

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Moose
It's a little more complex than that.

The reality of life is you'd never have any judges if they could be forced to recuse themselves based on their retirement portfolios.

And the standard is high:
"Any justice, judge, or magistrate judge of the United States shall disqualify [herself] in any proceeding in which [her] impartiality might reasonably be questioned." 28 U.S.C. section 455(a).

The standard "requires the court to ask whether an objective, disinterested, lay observer fully informed of the facts underlying the grounds on which recusal was sought would entertain a significant doubt about the judge's impartiality." Bolin v. Story, 225 F.3d 1234, 1239 (11th Cir. 2000)

Proving your foreclosure benefits the Judge's investment in a mutual fund is going to be difficult - most "lay persons" still believe financial entities lose money on foreclosures.

And you have to challenge the judge up front - not after the judge rules on the case.

Moose


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