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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Dose any one know this lawyer Shapiro, Dicaro & Barak. He is trying to forclose on me now.
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FnDoomed
Just a foreclosure mill. They're all over Google. You will never find a more wretched hive of scum and villainy.

You'll want to get up to speed as fast as possible. Start by reading this and follow every thread...

http://www.scribd.com/doc/105999250/Foreclosure-Defense-101

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Yep, I'm defending an action against them now, boiler plate complaint with tons of errors
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I don't know if we did right but we file Bankruptcy.We are not living in the house my daughter is.We have the house in upstate NY.We are in Florida.So we file the bankruptcy in Florida.Our bankruptcy lawyer said he will help us fight the Forclosure.We don't know if we are doing the right thing.
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I send a Letter to The New York Department of Financial services. Don't know who they are. But in my Forclosure papers it said if I wanted to make a complaint about our mortgage to send them a letter.
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FnDoomed
You need to read the primer that I pointed to in my last reply. I did the BK route as well - its a great way to hide in the weeds and buy time but very complicated. Your BK attorney might not know all the tricks either so make sure at least you do

Good luck
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Douglas
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You need to read the primer that I pointed to in my last reply. I did the BK route as well - its a great way to hide in the weeds and buy time but very complicated. Your BK attorney might not know all the tricks either so make sure at least you do

Good luck


While I would certainly agree that bankruptcy is an avenue that can buy time and is especially helpful in cases where a borrower has other serious debt and cash flow issues or where a borrower has a pre-petition cash flow problem that precluded payment, but can afford to make post petition payments, one of the drawbacks of bankruptcy is that limitations is tolled while a borrower is in bankruptcy subject to the automatic civil stay.

So you cannot hope to enter bankruptcy and delay foreclosure while also counting that time towards a more robust limitations bar. Limitations was not a particularly realistic defensive avenue three to five years ago, but is going to be a very plausible defensive avenue for some borrowers in those judicial foreclosure states with singularly congested dockets, such as New York, New Jersey and Florida.

By contrast, it may be the very best strategy in non-judicial foreclosure states.

Filing for bankruptcy is something that needs to be vey deliberately weighed in consideration of the laws of your jurisdiction and the facts of your case!
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Thank you so much FnDoomed and Douglas.I really don't know if the lawyer I have knows alot.He want to go with the forged signiture.They forged my husband signiture on the good faith estimate..Also with they chain of title.That it become an unsecured Debt.They did alot thing to us.
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f
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Thank you so much FnDoomed and Douglas.I really don't know if the lawyer I have knows alot.He want to go with the forged signiture.They forged my husband signiture on the good faith estimate..Also with they chain of title. That it become an unsecured Debt.They did alot thing to us.


Hopefully, you didn't find this lawyer by a referral from any of the foreclosure defense websites or from some Google Ads link. Most of these so-called foreclosure defense lawyers are almost totally incompetent at anything other than self-promotion.

There are a handful of capable foreclosure defense lawyers around the country. There are at least ten to one hundred times as many who are preying upon distressed borrowers while offering very little in the way of meaningful legal work.

The issues you identify suggest that the attorney might be one of those championed by the debt elimination scam operators.

Forgery of a signature on a RESPA Good Faith Estimate, even if proven, wouldn't invalidate a note in any state. The assertion that the loan became an "unsecured debt" is the classic hallmark of the scam artists and swindlers. This argument simply does not hold water and doesn't prevail anywhere.

In respect of the former argument, forgery amidst some of the supporting loan documents could possibly be plead effectively as an element of Mr. Roper's suggested "clean hands" equitable defense. This would be a defense under the foreclosure of the mortgage in a judicial foreclosure state, rather than a defense to the count at law on the default in payment under the negotiable instrument.

"Chain of title" also sounds like the vacuous defenses advocated by the swindlers and the attorneys involved in their conspiracies.

[i]Standing
is a valid defensive argument when properly plead. A holder of a negotiable instrument doesn't need to plead and prove the "chain of title" through which it obtained the negotiable instrument. By contrast, a mere transferee of a negotiable instrument (a party in custody and control of the instrument lacking the rights of a holder) does have to prove chain of title.

Most lawyers do not know and understand this distinction. The lawyers who are confederates of the scam operators and swindlers are unconcerned with the effectiveness of the legal arguments. Their only concern is pocketing your money.

If you found your lawyer through one of these so-called foreclosure defense web sites, or upon the recommendation of one of the scamsters who prowl this Forum, you may very well be better off writing off your loss and finding an actual accomplished attorney able to interpose an effective defense! Otherwise, you may find yourself throwing good money after bad.

Having an attorney at all (no matter how bad) and filing an answer may forestall foreclosure for additional months or years. But if you doubt that the foreclosure mills know which lawyers are competent and which ones are just fleecing distressed borrowers, you are exceptionally naive. If you have happened upon an attorney who is simply harvesting distressed borrowers from some foreclosure defense website, the plaintiff's attorney will quickly enough recognize this and roll right over you. If you hired a capable lawyer, they will often instead put the case on the back burner.

So if you hired the wrong attorney, you will be burned twice. Once having gone out of pocket to these defense foreclosure mills and once again at losing your home prematurely. If you hired the right lawyer, you might very well stay in your home for a couple of years, even if the capable lawyer does nothing at all!
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They forged my husband signiture on the good faith estimate.


Just stumbled across this decision by accident in doing some research on a Maryland case:

Adams v. Avirett, 250 A.2d 891 (Md. 1969)
http://scholar.google.com/scholar_case?case=5274577505976516150

While not precisely on topic, this decision reflects that even the failure to acknowledge a deed or mortgage will not defeat the mortgage. In most places, such a deed or mortgage would be fully effective even absent acknowledgement and recording..

But in the handful of places where acknowledgement is required, when the acknowledgement is absent, the proponent of the deed can often still obtain a reformation in equity.

Admittedly, getting an equitable reformation of an instrument would be particularly challenging in respect of proof of actual forgery. But interestingly, the lender probably had an absolute equitable right to the execution of the GFE. That is, if all of the other paperwork, including the note and mortgage were signed and the loan was funded based upon the execution of the GFE, the failure to execute the GFE would not tend to defeat the fact of the loan and the lender could have sought a court order directing that the borrower sign that document. Otherwise, the lender might have been at least entitled to rescission of the transaction and immediate return of the full balance.

Whatever attorney is advocating that a forgery of a GFE, even if proven, would invalidate the loan probably had great difficulty passing the bar exam.
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f
A Note on Curative Statutes

While again the asserted defect had to do with the GFE rather than the instrument itself, I also thought that reference to at least one state's curative statute would be helpful.

A group of swindlers and scam artists preying upon distressed borrowers was pressing in Maryland (a non-judicial foreclosure state) for bankruptcy trustees to resist foreclosure when there appeared some defects in the original mortgage security instrument.

The recent decision of the Maryland Court of Appeals, Maryland's highest court, on certified questions presented by the Federal courts is instructive:

Guttman v. Wells Fargo, 26 A.3d 856 (Md. 2011)
http://scholar.google.com/scholar_case?case=4922804685496921082

Bear in mind that the curative statute described is unique to Maryland. But similar statutes also exist elsewhere. Simply put, in some places, where there is a defect in an instrument, the fact of recording and the passage of time sometimes cures the defect.

When some scamster begins to tell you about the sure fire avenue to a "free house" by following the scam artist's prescription, make sure you hide your wallet. These swindlers know nothing whatsoever about the law and the law just doesn't work that way.

Again, please understand, I am not asserting that the law as it applies in Maryland would also apply in your state. Rather, I am suggesting a reading of the case as a cautionary note as scoundrels continue to post misleading and deceptive information intended solely to form the basis of a scam!
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F this lawyer is a neighborhood Law.I think he wants to help but,I don't know how much he know's.
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f
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F this lawyer is a neighborhood Law.I think he wants to help but,I don't know how much he know's.


Well, I do not mean to impugn his integrity or trustworthiness. If he took a little time to research the issues at a law library or if he used reputable consumer debt law resources to frame the issues, he could quickly be on the right track.

By contrast, if he cuts corners and thinks that he can do a few web searches and will find some good arguments, he is sorely mistaken. In most areas of the law, doing basic legal research on the web, including material found at secondary web sites, can be an efficient way to quickly get traction on complex issues.

Unfortunately, of the so-called foreclosure defense web sites, about 98% of these are operated by debt elimination scam operators and 95% of the information is specious.

So if one approaches research by trying to use the web rather than looking to reputable sources of information, one is going to not simply have to sift through mountains of chaff, but one will have to be able to readily distinguish the few morsels of grain amidst an ocean of sewage put out by the likes of Mike H.!

The National Consumer Law Center is one of the few honest brokers of information out there:

http://www.nclc.org/

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f
Have you attorney read this book three times and then have him litigate about a hundred foreclosure cases to conclusion:

Foreclosures, 4th edition (2012)
http://shop.consumerlaw.org/foreclosures.aspx

He will be OK after that!
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I've got something that will not only open your eyes, but will make you feel MUCH better. Check out http://www.samueliwhitepc.com to see how it's done in Virginia.

There's nothing like the good old "innocent impartial substitute trustee" routine. There are MANY questions that NEED to be answered by law enforcement@
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Sam
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Ive got something that will not only open your eyes, but will make you feel MUCH better. Check out http://www.samueliwhitepc.com to see how it's done in Virginia.

There's nothing like the good old "innocent impartial substitute trustee" routine. There are MANY questions that NEED to be answered by law enforcement@


Seems like we have another swindler troll trying to drum up a little business for his scams here at the Forum.
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