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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I went to mediation with a friend of mine yesterday. In the state of Florida some counties are making homeowners and the Foreclosing Party go to mediation before it gets in front of the Judge.

I just wanted to share this story; My friend tried to negotiate with the servicer for months and months. Their paper work that was requested by the servicer was sent to them three times. After the third time no  one would return calls, faxes or letters. Finally a foreclosure complaint was filed.

Yesterday was mediation. The attorney for the Plaintiff was present, the mediator was present but the servicer was on the phone. The very first thing that was mentioned; "Now the servicer wants to get involved due to the fact the courts are demanding mediation."

The outcome was; My friends has to fill out the Home Affordable Modification Program application and also hand over pay stubs, copy of monthly bills, etc. To the servicer (the same company that wouldn't do a thing in the past.) Then in 45 days a decision will be made. (In the mean time the foreclosure is at a stand still.) They said if they are not approved with the program, than they will negotiate terms.

I was able to speak at this mediation also. A Motion to Dismiss due to Lack of Standing was filed before mediation was even in the picture. When the mediator asked the attorney for the Plaintiff what the Motion to Dismiss contained, she couldn't even answer that question. She didn't have a copy of the Motion. So I was able to explain. After that, this attorney went off of her rocker. She said that they had the original note in their possesssion but didn't have it with her. She said that due to the fact they had this note in their possession they were the Holder in Due Course..... Can anyone tell me if this is correct?????

Keep in mind that the complaint says that; The note has been lost or destroyed. There was a copy of the note in the complaint as well as the mortgage. "Why would they admit this in the complaint? But yet during mediation they say that they have the original??? The note is an Asset-Backed Pass-Through Certificate, the copy did not contain any alonge. An assignment was also included in the complaint. But nowhere on this assignment does it name the Plaintiff????????? It states that the originator assigned it to a company as Attorney in fact.

Maybe someone can shed some light for me....

cmc

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O -
Your friend might have only 10 days to object, I don't how that works so please check it out soon.

I would want them to ''PROVE'' they really have the ''note'' with the borrowers finger prints on it. I would bet they don't have it. make them prove it, ask for it, don't accept a copy.

You might want to check out the Florida BAR web site, they have a lot of info on this subject.

Best of Luck!
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The Equitable One
You legitimately challenged her/their claim.

She relied on deception and throwing a fit to carry the day.

Business as usual.


My understanding is that nothing said in mediation can be used later in the case. The thinking seems to be that people wouldn't be encouraged to speak freely if they fear anything they say may be used against them. So ultimately you'll be barred from using her statements in the case.

What did the mediator have to say about any of it?

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cmc,

Was this a New Century mortgage? And was it assigned by Ocwen say around April 2, 2007?

As far as the lost note thing, if they filed a lost note and later produce it, they "found" the lost note, or more likely manufactured it. Demand to see it and match it up with your friends copy. Check the signatures to see if they are ink or printed and that all the wording is the same.

Did your friend file answers and defenses including the securitization language about it being paid off by a third party, etc?

I faced the same situation here in Ohio, filed a motion to dismiss due to lack of standing. It was denied even though I gave proof and we were forced to mediation. Of course I showed up and asked the mediator to send us back to court...lol. But I don't suggest doing that without a strong conviction you are right about your case.
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The equitable one,

You are correct, anything said in mediation can not be used in court. That is the first thing they tell you.

As for the mediator; She was surprised that the attorney didn't have a copy of the Motion to Dismiss and she didn't even know what it contained until I told them. (Lack of Standing) That is when the attorney went off.... The mediator did say that if they have the original wet ink note in possession than they are the holder and they do have standing to foreclose. I don't know if this is correct or not.


Tom,

No it is not a New Century mortgage.
And yes we I am going to help my friend file a motion to produce the note if this agreement doesn't work out.
Also, to let you know; I just found another assignment in the county records.(pay attention to the dates) The foreclosure complaint was dated 05/20/09, the date it was served on my friend was 06/04/09. The assignment that was attached to the complaint was dated 01/05/09 and it doesn't even contain the Plaintiff in this assignment. The one I found last night that is recorded with the county is dated 06/05/09 and recorded 06/10/09 and this one does have the Plaintiff's name included.

So in another words the assignment attached to the complaint is null and void. The assignment that is recorded with the county is also null and void to this complaint because it was dated a day after the complaint was dated (and served).

Let me know what you guys think......

cmc
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4 Justice Now
CMC:

I'm sure you already know this but... Your Florida home owner has an excellent friend on their side. They should consider themselves very Lucky in that respect.

V/r,

4J
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4J,

I thank you so very much for saying that. Only because no one has ever said that to me before. That makes me feel good. And just to let you know that hasn't happened in a long time when it comes to this situation. So again, Thank You.... I think that I have helped so many people only by word of mouth.

I have been on this computer since 08/2007 researching what is going on here. Only because it all started with me. And just to let you know;;; This forum is what has gotten me this far, in reference to my situation. So now I am trying to help other people along the way. That is why I ask questions on this forum. It helps me as well as my friends. Even though they have no idea what goes on in this world. I have to educate them in my own way. And most of them listen and then you get a handfull that doesn't .

Every time I hear someone talk about their situation, I try to help. If you remember back in the day (I don't know how old you are, I don't think that I am "THAT" old, but anyway,) If you had hard times and you were going through very hard, hard times, it was a seceret. Well today, everyone you speak to is going through the same thing. "It's not a seceret any more."

I started in 2007 and I am going very strong. (I think I am???) I am still in my home. And I will fight till the end.

And I look foward to your advise as well as everone else's advice on this forum. Everything I have learned here has worked for me. I can't thank you guys enough.

The only thing I have a problem with is that when I click on a Topic and think it is going to be a good one and I think that I can learn from it, well some people have a problem with eachother and they have a battle here. But just to let you know I let it go over my head and go on...

I am the person that always says: "Don't feed the dog" and he will go away. Don't you agree??? If no one response to this sad person, don't you think they will go away???

Any way, the whole thing was about you telling me that my friend has an excellent friend on their side. And again, I thank you for your thought....

cmc
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cmc,

Is the second assignment from the person assigned to in the first assignment? Or is it from the original lender, or someone else? This is the classic assignment shuffle we have read about and dealt with.

Be careful about saying things are null and void, you may give your friend false hope. I'm not saying you are wrong at all, but we don't have a legal system that deals out truth and justice, we have a system of rules and you can have the most rock solid case and still lose.

The second assignment is not null and void necessarily, however they have opened themselves up to the defense that they were not the owners and holders when they filed and did not have standing to pursue the complaint. There is a whole section in the Legal Lounge on Standing which contains cases from many states. That would be a great place to get the verbiage needed to pursue this claim.

Since I turned over my case to my attorney I have been doing research for him on the side, specifically on signatures that are on these supposed assignments, along with powers of attorney, notes, and mortgages. If you're interested, I could do some quick looking for your friends papers to let you know if they could be forgeries. Email me if your friend is interested.

One final note. It is imperative that your friend find out all the information they can as soon as possible, before they sign any agreement to modify. Those agreements usually contain wording that will deny them of any rights to go after anyone for any wrongdoing prior to the agreement. In that case any and all claims of wrongdoing will be as you said null and void because they were waived.

I'm not an attorney, so don't consider this legal advice, but the word I'm thinking of is 5 letters...ummmm...STALL. And I agree with 4J as usual, you are a great friend to this person. Keep up the good work.
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Sara
CMC: It is wonderful that you are taking the time to help your friend out.  Most people are too embarrased to even admit to their friends that they are trouble until it is too late.

I also think it's very fishy and way too sneaky how the system works.  Why is one company allowed to file a suit of forclosure and then assign the note to another who continues the process?  This is what happened to me and when I tried to bring it up to the judge, it didn't seem to matter.  Nor did the fact that both companies had the same exact address!

S
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Misdirection

It's to make the "assignment" look legit have any of you seen the transaction detail printout on your accounts? Well I've seen mine and the date of the alleged assignment it says New Loan No Cash(amount of unpaid principle) Effective the Date back when the loan first closed. So to me it looks more like a forced refi, alright think about it if you wanted to have someone buy your house and just take over the payments it requires the lenders approval, you know like a credit check approval. Well then why don't we get the same luxury banks & lenders have a credit agency it's called the BBB and the serivicer that my loan got transfered to (Litton Loan) has such a bad score it's not in the BBB anymore. Also if you guys look back at your trust deeds somewhere you will find in the contract you'll find some verbiage about special provisions about borrowers who are members of a Class, lenders in bankruptcy, and servicer that get fired for cause. look into it because I think alot of people overlooked it

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Download this Foreclosure Defense Manual for free at :
http://www.msfraud.org/LAW/Lounge/BasicForeclosureLitigationDefenseManual.pdf
It is written by April Charney, a famous Foreclosure Defense Lawyer in Florida. This manual will help you to understand the foreclosure process and how to fight it. It includes samples of pleadings, motions, answer to complaint with affirmative defenses and demand Jury Trial .

If you are in Florida, you can find some affordable lawyer with monthly small payment plan to help you. Call many lawyers near you, go see them and they will tell you legal option available to you and their payment plan. Few months ago I prepared myself to go pro se as I don't have much money for lawyer fees. Then recently I found a very affordable experience trial and apellate lawyer whose payment schedule I can afford for a full litigation process i.e motion to dismiss, Affirmative Answer/Counter Claim, Discovery , Opposition to Summary Judgment etc. and Appelate Court if necesary. So I handle my file to him but I work with him all steps on the way. Check his website http://www.foreclosurelawmiami.com.  

If you decide to go pro-se, go to Florida Bar website and download the Florida Civil Rules and Procedure to learn the rules, read April Charney manual  the National Consumer Law book, Foreclosure Section at the Library and 23 Legal Foreclosure Defense book. I find them very helpful. Check out these websites http://www.foreclosureprose.com and http://www.livinglies.wordpress.org
They have some interesting information and pleading samples on forelosure defenses. Hiring a lawyer is still the best way to go. I have copies of Florida Appelate court cases overturned lower court decision to deny homeowner Motion to Dismiss due to lack of Standing. The Appellate court
finds that the lack of Standing is sufficient casue to dismiss the foreclosure law suite. I will look for it and post it later on here for you. Show it to the Judge at your hearing, it may help. Good luch.


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Judge dismissed lawsuit to establish loss note 
http://www.msfraud.org/LAW/Lounge/ORDERREGARDINGPLAINTIFFMOTIONTORE-ESTABLISHNOTE.pdf
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Must own note to foreclose, Judge says

http://www.brokencredit.com/wp-content/uploads/2008/11/state-street-bank-and-trust-v-lord.pdf
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