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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
Hi All,

I've found this forum to be very informative and helpful. I have a couple of questions related to the foreclosure defense strategy here in Florida. I understand that no legal guidance will be given, just your opinion. With that said, here is my case:

I received my foreclosure papers some days ago and Wells Fargo is the party trying to foreclose. The Lis Pendens lists them as the sole plaintiff. The only assignment for this note was made in September 2011 from the original lender (lets say ABC lending) to Wells Fargo. The note included with the complaint has two blank endorsements: ABC lending and Wells Fargo.

I've been gathering information for the past couple of months, just preparing for this day, in order to defend myself. This is what i've found:

 - I was able to email the VP of ABC lending to ask them if they owned my note and he told me that once I closed my loan with them in early 2007, they endorsed the note to Wells Fargo and based on his experience of 30 years, it was then sold to Freddie Mac. Interestingly, I found out that this person is the same as the first blank endorsement on my note.

- In late 2011, I sent Wells Fargo a QWR with a bunch of questions that they did not answer. They did send me a letter to let me know that Freddie Mac is the investor of the loan, and that Wells Fargo is the servicer.

- I looked up my loan on the Freddie Mac website, and found that they are the owner since May 2007.

- I also looked up my loan on the MERS website, it says that that Wells Fargo is the servicer and Freddie Mac is the investor.

With that said, I'm starting out by sending a Motion to Dismiss for lack of standing. I've been able to gather good examples and already worked on mine. One question I have is: Should I include the documentation I found about Freddie Mac being the owner of the note with the Motion to Dismiss? Or do I just state these facts in the Motion?

Thank you all for reading my post! I'll be very interested in viewing the answers.

I-10


Quote 0 0
arrgy
How is MERS involved in this?
Quote 0 0
Hi,

MERS is acting as the nominee for the original lender (ABC)in the assignment.
Quote 0 0

Hello I10, how were you able to find out that your loan was own by FreddieMac since 2007 from their website ?

Quote 0 0

Thanks I10, this FreddieMac Settlement Date on the their website is very significant. I hope the "Seniors" on this website will spread the word to everyone. I checked it out for myself and you are correct. Checked FannieMae but they have not added this Settlement Date to their website. They are still in denial.

Quote 0 0
arrgy
So you took a loan out with ABC and the mortgage went to MERS.

Then somehow the note went to Wells Fargo from ABC.
Then the note went from Wells Fargo to Freddie Mac.

The mortgage went from MERS to Wells Fargo.


Couple of questions...what do you hope to gain from this? Why are you in such a rush to run to court to prove that everyone is wrong? I only ask this because as time moves on, the foreclosure laws and judges are more favorable to the people not the banks.

If you are going to file a MTD, you have to place your evidence with the filing for the judge and opposing counsel to look at. Otherwise you will look foolish going to a hearing with no proof and courts don't like you just showing up with your evidence, the judge probably won't look at it.

And be prepared, the plantiff can either amend its complaint within 30 days and add Freddie Mac, they could drop the suit and introduce a new one later with Freddie on it, or even drop it,and Wells might be able to get it back and foreclose on you by themselves.

Quote 0 0

I10, I were you, I would obtain an affordable attorney that can help you and knows the foreclosure process. You would think if you had to blank indorsment, one of them would have been signed over(to Wells?).

Getting your case dismissed is good AND IF YOU CAN DO IT PRO SE, THE MORE POWER TO YOU. GOOD lUCK. Fight everything, Substitution of Plaintiff, MERS.     

Quote 0 0
Some FL legal pleadings samples at http://www.scribd.com/winstons2311. Click on Collection to see pleadings samples classified by type of pleadings.

Read this interesting Appeal Brief by April Charney. There could be some defense ideas with lots of case law
http://www.scribd.com/doc/97556199/HARVEY-V-HSBC-April-Charney-Esq-Appeal-Brief-PSA

Many foreclosure defense lawyers now charge reasonable fee. You may want to consult few lawyera to check out all options available to you. First consultation is usually free.

Best wishes,
Quote 0 0
Thank you all for the great information. I'll let you all know the outcome to my case.

Thanks!

Quote 0 0
arrgy
I also suggest reading the following blog by an Anon foreclosure defense lawyer in Florida. He tells some really good stories from the courthouse and gives really good advice.

http://foreclosurecourtroom.com/

Also, go to some foreclosure proceedings if you can just so you can get an idea of what to expect.I do wish you luck.
Quote 0 0
to 110,
     The answer to your question depends upon whether or not the Note is a
"negotiable instrument" or not. If it is a "negotiable instrument", than the
"holder" (ie servicer) can enforce it without being the "owner". (Fl. Stat. 673)
     If the Note is not a "negotiable instrument", than the plaintiff must be
both the owner and holder of both the Note and the mortgage. (ie it follows
contract law, not UCC 3 law (Fl. Stat. 673)
     So the question is,"How do you distinguish between a "negotiable" Note
and a "non-negotiable Note?".
     The answer is this: If you have to look outside the "four corners" of the
Note, in order to calculate the balance owed and if it calls for "late fees", it
is not a "negotiable instrument" but rather part and parcel of a larger contract which includes the "security instrument". Therefore to transfer it,
one would need a "special endorsement on the Note" and a valid "assignment
of the mortgage" BEFORE the case is filed. Also, whoever takes it, takes it
subject to all defenses the maker (borrower) would have had against the
original lender because the transferee is not a "holder in due course". One
such defense would be a fraudulent, inflated appraisal (common in Florida).
Go to "Google Scholar" and look up Holly Hill Acres Vs Charter Bank and
also GMAC vs Honest Air Conditioning& Heating for the case law on what
constitutes a "negotiable instrument" in Florida.
     Also, go to "foreclosure pro se.com) for valuable information on foreclosure defense in Florida.
Quote 0 0
Write a reply...