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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Bill
A lot of people who have attempted HAMP modifications understand the frustration of constantly having your documents lost/not received even after the servicer confirms receipt.  Many people have made all the required payments just to be denied because of a "failure to provide paperwork" or not qualifying AFTER being prequalified and the acceptance of their trial payments.  It does appear that there is not an option available for a private action against the servicer for their abuse of the system while taking government money, but it may be possible to use this as an affirmative defense. 

Please let me know your thoughts.

http://www.creditslips.org/creditslips/2010/12/noncompliance-with-hamp-guidelines-as-an-affirmative-foreclosure-defense.html?cid=6a00d8341cf9b753ef0148c733abd7970c


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Sandy
I'm still in process of foreclosure, but my attorney included in the affirmative defenses "failure to modify the loan, which has force of law."
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