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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Bob

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Rick...no need to act like a three year old and call people names. I clearly am not an attorney nor am I intoxicated. I am going off what I have read on other websites which is why I asked the question in the first place. I can see why people get frustrated on this forum and never come back when people like you act like this and also hide under unregistered names.
 

 

A rather core question is whether you want to be participating a a site operated by swindlers who are creating specious arguments solely as a pretext for their cons and telling distressed borrowers what they want to hear or whether you want to have an intelligent informed conversation about actual, viable foreclosure defenses.

 

Any argument that a distressed borrower could avoid foreclosure by attacking the tax status of REMICs is utter nonsense.  Any argument that there is anything sinister about discontinuation of SEC filing when the number of investors falls below a certain threshold is also utter nonsense.

 

You newly appear at the Forum and rather than simply asking for help or using the rich reservoir of prior informative post, you begin posting drivel you have harvested from the websites of swindlers and begin posting this bulls**t as fact here at the Forum.  This degrades the quality of information available here, confusing and befuddling other distressed borrowers, distracting and harming them when they are trying to protect their homes.

 

If your feelings and sensitivities precludes you from facing the truth, perhaps you ought to go back to one of the web sights that promotes your self-delusion.  They will be happy to put you into one of the many debt modification scams or debt elimination scams that they peddle!  Rather than modeling this site after the many pretenders which are simply victimizing distressed borrowers, perhaps you should wake up, smell the coffee and realize that this site has been around for years and operates to help foreclosure victims rather than to swindle them.  

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Chas

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Well my trust is through CWABS which is part of Countrywide...shocking...so they were party to it.  Either way..I highly doubt that they can produce the needed paperwork.
 

What is "shocking" about the fact that Countrywide securitized its mortgage production into a series of trusts bearing the acronym "CWABS" (Countrywide Asset Backed Securities")? 

 

Your assertion that "I highly doubt they can produce the needed paperwork" shows that you have a fundamentally erroneous understanding of the nature of foreclosure fraud and the possible avenues of successful defense.

 

If you spent a fraction of the time reading prior Forum posts, rather than pontificating, you might actually learn something that would help you avoid foreclosure.  But it seems that you are here to teach us rather than learn from us.  In each of your posts, you have exemplified that you have nothing useful to share and instead are simply parroting garbage and myths you have "learned" from swindlers.

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bwssr
What if your loan is not in the specified trust mentioned on your foreclosure papers? Doesn't the case get dismissed and then the bank refiles using the correct trust?  I had foreclosure warnings back in 2006 and went into default. I never heard about the trust I am in until I was served foreclosure papers again in 2010. By the way I got the money to catch up in 2006 and never went to court. Also I was served foreclosure papers in August 2010 and September 2010 they did an assignment of mortgage assigning my mortgage to a trust. That just seems wrong.
They get a bailout and we get the boot.
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George Burns
bwssr

You are confusing me.

What do you mean by "foreclosure warnings back in 2006"?
You say that " I got the money to catch up in 2006 and never went to court." which implies that you had a foreclosure lawsuit back then, otherwise Why else would you be going to court?

THEN,  you state that " I was served foreclosure papers again in 2010". I noticed that you used the word "again". Which means that you were, at some previous time (probably back in 2006) served foreclosure papers.

Being served "foreclosure papers" implies to most of us, if not all, that either a Complaint was received (if in a judicial state) or notice of sale (or similar) if in a non-judicial state. What do you mean by "foreclosure papers"? What state are you in?

It does not matter that you know or heard of the trust. As far as I know, in most states, the lender can sell to any other lender without telling you, except if there is also a new servicer.

There is also nothing inherently sinister or wrong with an assignment being done after the filing of the foreclosure action. If anything is wrong with the assignment, that would have to be found in Discovery.
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bwssr
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They get a bailout and we get the boot.
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George Burns
How did you decide that this person was Knowledgeable? Self promotion and self verification would be very questionable. There are many apparent scammers who contact, or can be contacted by, posters whose competence and claims are questionable. It is easy to make false claims, so be very careful. Personally I would rather get most of the initial coaching here on the Forum, in public, so that others, who might even be more knowledgeable, can critique or opine on the advice being given.

I cannot think of anyone of the credible posters to this Forum who would, based on the quality of what you have posted so far, be willing to give you offline coaching as yet. So I am suspecting that you are most likely being misled and being groomed for the kill.  Good Luck.
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bwssr
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They get a bailout and we get the boot.
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t

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Hi George
Sorry for the confusion. We chose to pay our taxes and insurance ourselves and for what ever reason the bank took it upon themselves to pay these using our mortgage payments. No we were not behind on taxes or insurance. It put us 3 mortgage payments behind and they started sending us warnings that they would foreclose. It never made it to court. We got a loan from a relative to catch up and even though we caught up they put us thru a repayment plan for a year. That ended in 2007. In 2010 we could not make our payments because we lost a large part of our income. We called the bank to try for a loan mod. During this time the bank filed a foreclosure suit against us and then we were served in august 2010. I hope this clears it up some. I have a lawyer and right now we have a scheduling order. I am in wisconsin.
What I was wonder what if the bank cannot prove what trust the loan is in. Why do I ask? Because I asked this of the OCC in the form of a complaint and the next thing that happened is the bank asked for a vacate and got it so they could start all over. The case has since been reopened. I never got an answer from the OCC. But as I understand from this forum that it does not matter in court on where your loan resides. Also there has been no discovery as of yet. I have been in contact with a very knowledgeable person from this forum and have had some coaching. Yes I need allot more.
 

 

You are posting far too many identifying details about your case!  See Mr. Roper's discussion about this topic!

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t

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I sent you an email of who it is. I am not very good at this and trying to learn more. Also perhaps not that great at explaining my situation either. Thanks for your concern. I can say that my lawyer is experienced in foreclosures.
 

It is extremely unsound and even irresponsible to post any discussion or details about your e-mail communications with others about your case.

 

ALL of your communications with a non-attorney are subject to discovery in a request for production.  Even your communications with an attorney are subject to discovery if you waive your attorney-client privilege by sharing the communications with a non-attorney.

 

You really need to re-examine what you are posting about your case.  If you had been corresponding with me about your case, I would terminate ALL communication upon learning that you were posting these kinds of details and sharing with strangers the identity as to with whom you are communicating!

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bwssr
Your are right T. I removed the text I posted. I think I will stick to reading and not post anything for a while. I guess I got carried away trying to explain my situation and I probably wasn't doing a good job of that either.
 Also if you could edit out my comments on your post as well it would be appreciated. If you think it was unsound posting what I did then why did you copy and my post into yours? This is illogical.
They get a bailout and we get the boot.
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