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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Hello to all of the people out there who support this website.........the knowledge and information that is shared here is priceless......I would also like to thank those that have e-mailed me and offered some resources and support.......Thank you.............Anyway I have a situation here and I really need some help..........Any help would  be greatly appreciated.......I live in Phoenix Arizona and have already employed four attorneys and I still lost everything.........I'd like to share something with you...something as an educator here in Phoenix that we are trying to instill in the youg people today and that definetly applies to the current economic crisis here in America.......
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with cematrtain unalienable Rights, that among these are Life, Liberty and the pursuit of  Happiness..That to secure these rights,.....Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive  of these ends. it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles and organizing its power in such form, as to them shall seem most likely to effect their Safety and Happiness.........Alot  of  young people today are being taught to believe in the American Dream; which for many means the Dream of  Home Ownership and to work hard, have a job and to be treated equally and  fairly.........not taught to see that their beliefs and that their American Dream has become an American Nightmare.....which for many will be the possiblity of an illegal or wrongful foreclosure and the loss of the family home; if not a personal experience;  perhaps that of a friend or family member; which could lead to the new face of "homelessness".
Which is why I would I really need help....to get a fair evaluation as to whether or not I have a case..........In my former post I had indicated that I was a class member of the FTC and Curry Settlement Agreements........I had refinaced my loan with Fremont Investment and Loan in 2002;  I rescinded my loan formally and properly under TILA and Reg Z. in July 2003; Fairbanks responded to my notice of rescission in October 2003; which is non-compliance of TILA.....the statue and Reg Z. states if a creditor disputes the consumer's right to rescind , it should file a declaratory judgement action within 20 days after receiving the rescission notice before its deadline to return the consumer's money or property and record the termination of it's security interest (15 USC 1625(b). Once the lender receives the notice, the statute and Regulation Z mandate 3 steps to be followed.....these things never happened.....I was demanded to arbitration in February 2004; Fairbanks withdrew their demand in March 2004, after a formal complaint with the FTC against Fairbanks in April 2004; (I have often thought about why they was never any mention to me in regards to the FTC or Curry Settlement Agreements upcoming Final Approval Order in any of the correspondance between myself, the FTC and Fairbanks; when I filed my complaint, this was well past  the class approval period;  and no one even mentioned that I was a class member of the Settlement Agreements .........Fairbanks responded in May 2004 and in June 2004, had investigated my dispute( which was my right of rescission TILA violation claims) and the result; was that the problem  was with the origination of the loan...Fremont...Fremont never even responded to my notice of rescission...........Anyway if I wasn't willing to forego all of my claims and settle with them they were going to go ahead with the foreclosure in September........as the attorneys ran up the tab on both sides.....nothing was done or filed..........my statute of limitations to file a declaratory judgement action in Federal Court had know expired in July......the Trustee's Sale was in September 2004..........My attorney never informed me....he didn't file any type of injunction to stop the foreclosure.......the new owner showed up at my house the next day and told me that I had 5 days to move from my family home that I had built and lived in for 15 years...with my 5 kids....All within a year of their response to my rescission notice and these 2 Settlement Agreements....I went to arbitration in March 2007 and the arbitratior ruled against me because my TILA claims were time-barred...and awarded Fairbanks attorney fees and costs............go figure...I responded to Fairbanks by myself and informed them that the arbitrator did not have jurisdiction over this dispute; because under Curry.....all Released Claims shall include, without limiting the generality of the foregoing, claims,  rights and demands, under any federal, state or local consumer protection statute causes of actions that are known and unknown, matured and unmatured; before an arbitrator or arbitation panel.....In May 2008........Fairbanks Capital Corporation has filed a motion to enforce the arbitration award..........I need help........I am bound by 2 Settlement Agreements of which I never had the option to opt-in or opt-out....I had to release my claims against them and for what?........There was never any attempt to resolve the dispute before the foreclosure was to take place..........they were never any attempts to implement Appendix 1-DRP or Appendix 2-Operational Practices Agreements...
no validation of debt letters.........no Injunctive Relief.....no Redress.......no Reverse or Reimburse Program (where certain charges include money recovered by Fairbanks following a completed foreclosure)...........where are the Best Practices..........what are the true benefits of the these Settlement
Agreements..........the only people who truly benefitted was the Class Counsel; who even got their travel  expenses reimbursed.......at my expense!!!!!!!!!yet they won't return any  phone calls, there is no further obligation or responsibility on their part.........what a sham........I am also trying to establish who held the note at the initiation of the foreclosure and if they had standing to bring forth the foreclosure..........Here are the names of some of the Fairbanks Related Parties that participated in my foreclosure in Arizona..........Fairbanks Capital Corporation is represented by a
law firm by the name of Gallagher and Kennedy, here in Phoenix and it seems that no attorneys in this town wil go against them....I have had 4 attorneys that have been intimidated by their stalling tactics....How else could a TILA Right of Rescission violation become time-barred, when the steps are so procedural...........once a notice of rescission is given, the lien or security interest  in plaintiffs property becomes void ab initio, even if a court has not yet ruled on the validity of the plaintiffs rescission.........On with the foreclosure process in a non-judicial state......On March 25, 2002 I entered a loan agreement with Fremont Investment and Loan......I was the Trustor, Security Title Agency was the Trustee and Fremont Investment and Loan was the Beneficiary..............On May 28, 2003 there was an "Assignment of Deed of Trust executed by Fremont Investment and loan to U.S. Bank National Association as Trustee of CSFB Heat Series  2002-2......Fremont Investment and Loan by Fairbanks Capital Corp, as attorney in fact...The recording was requested by T.D. Service Company....... T.D. Service Company, together with the Trustee's Assisstance Corporation provide a full array of services and products..TD acts as trustee or agent for trustees in processing of foreclosures In AZ, CA, NV, WA, OR, ID, UT and MT; lien releases nationwide; document retrieval/research; posting and publication of legal notices etc...First American Title was listed..First American Title  provides various mortgage services and title and settlement  services......and when recorded it was to be mailed to Davida Harriott: Fairbanks Capital Corporation 338 South War Minister Road; Hatboro, PA. 19040....On May 28, 2003,, there was a Substitution of Trustee., T.D. Service Service Company of Arizona, 1820 First St., Suite 230, P.O. Box 11988; Santa Ana, CA. 92711-2988........Fremont Investment  and Loan  was the beneficiary.........U.S. Bank National Association as Trustee of CSFB Heat Series 2002-2 By Fairbanks Capital Corp., It's Attorney In Fact.........A Notice of Trustee's Sale Dated May 23, 2003, executed by T.D. Service Company of Arizona with a purported sale date of August 28, 2003.........Name and Address of Beneficiary was U.S. Bank National Association as Trustee of CSFB Heat Series 2002-2; C/O Fairbanks Capital Corporation 338 S. War Minister Rd.; Hatboro, PA.19040....On May 28, 2003........ A Trustee's Sale Guarantee was executed by First American Title Insurance Company, ( a  corporation, herein called  the Company); Guarantees T.D. Service Company of Arizona, as Trustee, the fee was $1,240.....On September 4, 2003 there was a Cancellation of Notice of Trustee's Sale that was recorded on May 28, 2003 by T.D. Service Company of Arizona......On March 5, 2004, there was a Notice of Trustee's Sale recorded.........  for the sale date of June 8,2004.........this was after I was demanded to arbitration in February 2004 by Fairbanks Capital Corp. by their local attorneys at Gallagher and Kennedy.....and then they withdrew in March 2004.........this is one month prior to the  deadline of claim forms to  submit, whether you were going to opt-in or opt-out of the civil actions.........again no notification by Fairbanks, even in good faith.........by February 2004.........Fairbanks and Fairbanks Related Parties were informed of the Upcoming Approval and Effective Date...........The Name and Adress of Beneficiary; U.S. Bank National Association as Trustee of CSFB Heat Series 2002-2 C/O Fairbanks Capital Corp., 338 S. War Minister Rd., Hatboro, PA. 19040.........On March 3, 2004 all inquiries regarding this foreclosure action was to be directed to Fairbanks Capital Corp., Loan Servicing Center P.O. Box 65259 Salt Lake City, UT 84165......The successor Trustee appointed herein qualifies as a Trustee of the Trust Deed in the Trustee's capacity as an Escrow Agent as required by Arizona Revised Statutes Section 33=803, Subsection A...We are assisting the Beneficiary to collect a debt and any information we obtain will be used for that purpose whether received orally or in writing.........on April 26, 2004 TAC; the Trustee's Assistance Corporation executed a Posting Certificate for Courthouse and Property....I was the Trustor., U.s. Bank National Association was the Beneficiary and the Trustee was T.D. Service of Arizona......Arizona Business Gazette, Arizona Capital Times, Record Reporter, Phoenix, AZ Affidavit of Publication of the Notice of Trustee's Sale..........On March 10,  2004 a Declaration of Mailing by certified mail was sent to Fremont Investment and Loan's two Southern California locations and U.S. Bank National Association C/O Fairbanks Capital Corp in Hatboro, PA...........On  June 8, 2004 there was a Certificate of Postponement issued by The Trustee's Assistance Corporation.the reason for postponement is Beneficiary Request............On July 8, 2004 amd August 6, 2004, there were additional Certificates of Postponement filed, at the request of the Beneficiary..........During these periods of postponements, there was never any implementation of the Settlement Agreements.....not even a mention....where was the good faith??????????The foreclosure occurred on September 21, 2004......Here is a listing of the Return and Account of sale by T.D. Service  Company and the Law Offices of Steven J. Melmet dubbed "The Alliance"....The Law Offices Of Steven J. Melmet located at 2912 South Daimler St., Santa Ana Ca.,  92705-5811...........the Trustee's fee was $4974.00, the Trustee's Cost was 2327.37., the unpaid priciple balance was $497,461.70., the total late charges were $627.15., the return check fee was $15.00., the impound escrow deficit was $700.00., the recoverable corporate advances in the amount of $6841.73., the interest on the advances was $408,54., the interest override from 01/01/03 to 9/21/04 was $76,519,89 less credits of $.00., nothing from the Curry and FTC Settlement Agreements., there was no credit indicated for the payments received .,  total debt was $589,876.36 and the surplus of $52,873.64...........my home sold for $642,750.00.......it is still empty four years later.........the asking price is $1.2 million...........Is there any justice out there available for me???????Can the Enforcement of the Curry and FTC Settlement Agreements defeat this wrongful foreclosure by Fairbanks..........Will I ever get a day in court???????????if there is anyone out there who can help me..........I would truly appreciate it............Please contact me at Sharpe4112@cox.net....any  help would be greatly appreciated................Thank you for yout time nd consideration................Sincerly............Kathi Sharpe........................
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