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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With my foreclosure being illegal-it constitutes white-collar crime. I am thinking about contacting the FBI because my mortgage company got it through the court system illegally. I am also contacting the local district attorney to see if he can prosecute in court too, since this is ongoing theft of property. Anyone think this is a good route?

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Yep and I got nowhere.

At least one borrower was told that they are there to protect business
not individual borrowers.

They speak using the term mortgage fraud it is about borrowers fleecing
the industry.

Go ahead and report them.  You never know when policy might change.

They have recently advised that they are investigating, around 10
companies.

We don't know who or what they are being investigated for.

Keep the pot stirring is not a bad idea.

Borrowers seem to do better when they are the plaintiff rather than trying
to defend foreclosure.

Dee 
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thanks for the great advice. looking at contacting the local district attorney too!

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There are two basic defenses to a foreclosure.  First is that the payments were made but not credited or credited properly and second, payments were missed and the defense is based on some sort of legal technicality such as the absence of an assignment of the note to the Plaintiff.  In both instances the borrower needs to convince the court that they have the financial ability to faithfully make the monthly payments an ongoing basis.

 

If the claim is the servicer failed to credit payments, and if the borrower can present convincing proof that the payments were made (canceled checks) then the borrower should pay to the court all future payments.  Doing so demonstrates to the court that the borrower has the means to pay the mortgage.  This will blow out of the water any attempt on the part of the servicer that the borrower is a deadbeat.

 

If the borrower admits that they were in arrears at the time foreclosure was instituted, then things become a little more complicated and it almost always looks like the borrower is attempting to get a free house that they can’t afford on the basis of a technicality.  These cases almost always fail.

 

So, if you want to stack the cards in your favor then Motion/ask the court to open an escrow account and deposit into the account the arrearages, all payments that have come due since the foreclosure was filed, and continue to make your required future payment to the court’s escrow account.

 

The matters discussed above are from personal experience and I won on summary judgment.

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Moose
Kathy, prosecutors don't see foreclosures as criminal matters particularly if they resulted from a civil judicial proceeding. In general, corporations aren't prosecuted, only the officers and employees involved in misconduct.

If you have specific and ery hard evidence that persons in the companies involved broke the law (typically perjury or forgery during the course of the litigation), you might get them to at least listen to you but it won't get your house back.

Once a foreclosure ruling has been handed down, the only option you have to get your house or equity back is to appeal the case through the civil courts.

This isn't legal advice, your mileage may vary, etc., etc.

Moose


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my situation is that assignment of mortgage by new mortgage holder was never filed. no one had legal title to the property when foreclosure took place. plus mortgage servicer doesnt have contract with the "plaintiff" in the foreclosure since it is a bank that no longer exists. good idea about payments into court escrow. problem is sale went through already even though servicer told me the short sale i had arranged was approved.

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Your all thinking these guys are honest. They lie through their teeth including the lawyers doing the foreclosure, the servicer, the mortgage company.  Fidelity National Foreclosure & Bankruptcy out of Mendota Heights, MN has been secretly running the foreclosures on 19 out of the largest 25 in the country. All the common names like WaMu, Wells Fargo, New York Bank, Countrywide, etc..  It is fraud upon the court as Fidelity is the one controlling everything in the foreclosure (and bankruptcies) secretly without the court knowing.  The law firms pay Fidelity illegal kickbacks under an illegal signed contract. Fraud upon the court has no statutes of limitations in almost every state that I know of.  See the class action Harris v. Fidelity case in the Federal District Court in Houston, TX.  Fidelity is HQ in Jacksonville, FL. They changed the name to LSI, Inc. (Lender Services).  Check every single piece of paper you have in the foreclosure for names, addresses, etc..  Do they match up?  Where did/does the certificates of service go to?  If to a lawfirm, or another law firm, why?  Why not to your mortgage plaintiff?

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Was it a judicial or non-judicial foreclosure?  If judicial, has it been confirmed by the court?  Who bought the property?, as if I have to ask:-)

 

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4 justice now
Kathy, I too contacted the FBI, but that was back in Dec 2002. The Agents at that office were quite interested in hearing all about the fraud.  Until their supervisors heard the name Ocwen. From that point on it was total hands off all the way to the top.

It just goes to show that all this fraud, etc, could have been adverted long ago. I didn't know enough of the whole story to put it together, but many others here have and it was a long time ago. 
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Phuque FBI

F.B.I. Struggles to Handle Wave of Financial Fraud Cases

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no one bought the property-it was one of the famous trust deals. the plaintiff's address is the loan servicing company which proves the bank is no longer in existence. i have the SEC statute that states when the mortgage was sold the seller had 60 days to file paperwork in the county clerk-which they didnt. and they had two judgments of foreclosure against me by two different attorneys for almost a year! (and denied that despite the files in the county clerks office). I have to be out of the house by Wednesday so that is why i have put this out there. i forgot to file one motion in supreme court. but i am packing and putting stuff in storage. Boy this hurts.  

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Digger
The FBI and the DA may be more inclined to listen to you now that MSF has flooded the news and has put a bad taste in everyone's mouth.

Before you contact them, you will need to put together a precise and concise package.  Keep your infomation and your monologue relevant, meaning, stick to the facts.  They are not interested in hearing details of what this has done to you or any theories you may have.

If you have evidence of a crime, and after reading what little you wrote, YOU DO; show them that and show them the legal statute(s) that were violated.  Stray from triable facts and you will put them to sleep.
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Digger

Kathy, and anyone else who was unfairly denied justice.  Any judgment where the foreclosing party prevailed and it can be proven that they never had legal standing to sue, that judgment is VOID and is of no legal effect.  That is not legal advice - that is fact.

A “void judgment” as we all know, grounds no rights, forms no defense to actions taken there under, and is vulnerable to any manner of collateral attack.  No statute of limitations or repose runs on its holdings, the matters "thought" to be settled thereby are not res judicata, and years later, when the memories may have grown dim and rights long been regarded as vested, any disgruntled litigant may reopen the old wound and once more probe its depths. And it is then as though trial and adjudication had never been.
10/13/58 FRITTS v. KRUGH. SUPREME COURT OF MICHIGAN, 92 N.W.2d 604, 354 Mich. 97  (emphasis added)

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digger-
thanks for the caselaw-now i have to file a motion tomorrow in supreme court to get the judgment overturned and emergency TRO issued. doing it pro se unless i can find legal counsel in western ny in 24 hours-eviction is 48 hours and counting-k
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PB

Void judgment might work but don't leave out the judges in this claim - they can and do just say "your a distraught person who lost your home and I deny your claims your stating due to that" hit the gavel and case closed, you lose. You can appeal but need solids grounds to do so. My point is don't trust ANYONE in the system: not the judge, the smiling clerk, your own attorney whom you've paid, not the US Trustee, not the Sheriff, not the District Attorney, of course not the other side (especially them as they will try on purpose to get you to believe their lies). Check everything they say, don't believe any of it unless you can verify it.  They have their fraternity brotherhood and your just passing through.  

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Here in Florida, for a servicing company or lender to foreclose they must prove they have the legal standing to do so.  Several judges have gotten so sick of unprepared attorneys trying to throw people out of their homes that he threatens sanctions against attorneys who don't follow his administrative rule.

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I forgot to mention, you won't get anywhere with calling the FBI about mortgage fraud.  They're "Joint Taskforces" with local prosecutors are overwhemed and understaffed and what compounds the problem is that the locals aren't trained to investigate white-collar crime.  It's easier to go after Predatory Lenders with civil litigation.

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Stephen

FBI prosecutes crimes against federal institutions.  Write a letter to the FTC.  I did, and they slapped Guaranty Bank with a Cease and Desist Order.

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MERS decision out of Florida, many worked on that from this site!
 
It is critical that everyone continues to file, and make complaints to the FBI and state attorney's.  They are beginning to look, some are working faster than others, but they are getting on board.  In Florida Ocwen is in serious trouble again, they were tied to CBASS,LITTON LOAN, and using the CBASS "RADAR" computer system to "Target" "Manufactured Foreclosures" I don't think Ocwen is going to last through next year! 
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