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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Here is a classic case of exactly HOW you screw up your case and end up making bad law (at least in Arizona) which effects everyone else.  I tip my hat to the homeowner in this case who must have listened to the charlatans here and elsewhere.

The lawyers for the bank were spot on top of this bad case ( Hogan v. Washington) and managed to convince the Arizona Court of Appeals to re-publish their original memorandum decision (a rather ordinary denial of a sloppy appeal) to a PUBLISHED OPINION.

Within days of publication Superior Court judges in Arizona starting quoting Hogan V. Washington as the Law of the State and ruling against howners.  Heretofore homeowners were actually starting to convince local Judges relief should be granted.  Virtually overnight that sought after relief has started to disappear. 

Unless the AZ Supreme Court overturns Hogan, which is highly unlikely other than as fallout from the Supreme Court's upcoming 9-22-2011 hearing dealing with a US Bankruptcy certified question, a lot more homes in Arizona will fall to foreclosure.

Bad advice makes a bad defense which makes bad law - and for those actions Arizonans are in a world of hurt.  Of course, Hogan v. Washington will certainly  be touted by banks and their lawyers elsewhere.

Read the links for yourself and then puke.

Hogan v. Washington:

http://azcourts.gov/Portals/89/opinionfiles/CV/CV100383.pdf

Levi v US Bank - First Superior Court case to quote Hogan v. Washington
http://www.courtminutes.maricopa.gov/docs/Civil/082011/m4839590.pdf

I have been in my house 3.5 years, beat the bank at every step, and have done it so far with cogent arguments and research - not wing nut defenses and bizarre theories.

Many thanks to Hogan for screwing things up in Arizona.





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Moose
It is an excellent example of what can happen in non-judicial states where deeds of trust are used and someone is confused about notes and DOT's and the UCC's applicability.

Moose




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Texas
I read the court's opinion and if the facts in that opinion are correct, I would agree with the courts conclusion.

Hogan just did not argue all the facts correctly.

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Bill

Texas wrote:
I read the court's opinion and if the facts in that opinion are correct, I would agree with the courts conclusion.

Hogan just did not argue all the facts correctly.


I agree with Texas and think he made an important point.  It's not enough to have potentially a winning case.  You HAVE to make the CORRECT arguments and be focused.   
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