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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I just recieved a foreclosure complaint, I live in upsate NJ.  I was in Chapter 13, 2 yrs ago and they recieved stay relief, I got a discharge a year after that.

I just paid for an online title report and there is no recorded mortgage or any recorded assignments, is it a defense to use fraud that they lied to the BK Court about having a recorded mortgage to get stay relief when they didnt, in my resarch I see that they would have been unperfected and therefore considered an unsecured creditor.

Question. Can I use this as a foreclosure defense in the state court?  I cant afford an attorney so it would be pro se. 
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Rena
Yes, you can use that as a defense. You could also get the stay reinstated, but why bother if they do not own the note. From what I understand, if there is a break in assignments, then the note is void.

They must PROVE they are the holder in due course with rights to enforce "at the time they file the foreclosure action".

See the many cases on this site regarding standing.

What state are you in and who is the "alleged" mortgage company that is pretending to be the lender?
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Yes, they actually admitted that they lost the note and mortgage, so your right I should take a shot at the foreclosure defense first instead of going back into BK, if they should happen to win I can always go back, I am hoping that the judge wont them foreclose becuase of the perjury they comitted in mulitple BK certifications. 

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The Equitable One
Rena,

I think it would be helpful for you to offer us some law in support of your statement that a break in chain of assignments voids the note.

Jessie T,

Were the instruments lost or destroyed? If destroyed by an intentional and voluntary act UCC 3-604 (1)(a) may apply towards a discharge of the obligation.

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The Equitable One
Jessie T,

You could also look at UCC 3-309 (2), which states:

"A person seeking enforcement of an instrument under subsection (1) of this section must prove the terms of the instrument and the person's right to enforce the instrument. If that proof is made, KRS 355.3-308 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means."

I really like the last part in re protecting the person required to pay the instrument. So, file a lost note affidavit, but, before a home can sold in a foreclosure auction the foreclosing party has to put up a bond in amount of the potential losses to the homeowner. Yeah, I like that.

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They say in their first attempt to foreclose that was dismissed 2 years ago for lack of prosecution that the note and mortgage was lost,  is there anyway to prove that it has been destroyed?  That seems difficult, I guess we'll find out in discovery in the new foreclosure though if they found them.

Some attorneys that I have been talking to are saying that since I did recieve a BK discharge that I am not personally held liable for the note anymore, dont know, but we will defiinently be using the lost note defense as well. 
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