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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FROM http://www.MATTWEIDNERLAW.COM

A constant theme I hammer on in this blog is that this wave of foreclosures is making a mess of our judicial system. In a perceived need to rush through the foreclosure “crisis“, (a crisis created by the parties who are demanding an unreasonable share of scare judicial resources), the lenders and their Millionaire Foreclosure Mills are ignoring long-established rules of professional ethics. They’re ignoring basic rules of evidence and case law.  They’re engaged in a pattern and practice presenting at best questionable evidence and more likely of systematically lying to judges all across this country by adopting practices to create evidence which is not legitimate.  They can apparently just ignore the rules and laws of the Supreme Court of Florida.

The Millionaire Mills Cannot Ignore the Title Insurance Claims That Will Start Rolling in Based on The Issues Contained Within This Post.

Our elected judges have been given an impossible task as thousands and thousands of cases are dumped on their laps but they’re given no additional support to move things along or to ensure the job is being done correctly.  It pains me to see the additional pressures being placed on their staff as they scramble to meet the onslaught.  Who benefits from all this?

THE FAT CAT BANKERS AND THE MILLIONAIRE FORECLOSURE MILLS- My courts have become something that resembles a sloppy fast food restaurant all so that the Millionaire Foreclosure Mill attorneys  can buy themselves a few more Ferraris, (apparently that’s the car of choice).My underfunded and underpaid court staffs drop everything to scheduled telephone hearings, sort through missing and misfiled paperwork, manage the Mill’s foreclosure docket as part of a concerted effort to move the docket through for the mills.  The files that are being pushed through are a disaster.  Lurking within many of these files are title problems and legal claims that will be getting sorted out for years to come.  Some of these problems are only potential problems…..litigating them and proving them out will take years and frankly they may not be litigated at all.  Other claims (such as those from third party creditors) will be deemed to questionable to carry out so they will be ignored.

THERE IS ONE CATEGORY OF CLAIMS THAT CANNOT BE IGNORED-

THOUSANDS OF FORECLOSURES THAT HAVE BEEN PUSHED THROUGH BY THE MILLS AFTER THE COURT HAS ALREADY DISMISSED THE CASE!

I attach here the Motion I filed which details the issue.  I’ve been sitting on it for a while, continuing to do research, meeting with other attorneys and discussing the issues with different title insurance underwriters.  NOT A SINGLE ATTORNEY HAS DISPUTED THE FACTS CONTAINED WITHIN THE MEMO.  We’re arguing over what the impact of this issue is, but one thing is certain.

THERE IS A MASSIVE HEAP OF FORECLOSURE JUDGMENTS AND FAILED TITLES TO REAL PROPERTY IN PINELLAS COUNTY IN PARTICULAR

I don’t know what’s happening in other counties, but the court docket in Pinellas is full of these sorts of cases.  I am searching for the cases now, and encourage any of you pro-se people and attorneys out there who are researching dockets to pay real attention to this one and forward examples to me.  Keep in mind that this problem was caused by the Plaintiff’s firms themselves.  They jammed these cases through.  They created Affidavits in Support of Summary Judgment where they swore to the Court that there were no issues of law or fact that prevented the court from entering judgment.  They were either careless, reckless or thought they could just get away with it. They cannot and here are just some of the consequences of this problem:

  • Thousands of people who think the lost their homes have not lost their homes. (They are still the equitable/legal title owners of the property,)
  • The Final Judgment of Foreclosure that granted the foreclosure sale is not Final, it’s Void. (That means is has no force or effect.)
  • Second mortgage holders or lienholders who thought they were wiped out through the foreclosure are now attached to the subject property. (Some will take higher priority based on fraud and problems with the first.)
  • Property owners who think they own a home they bought REO or at a foreclosure sale, are holding worthless title. (Get read for big claims on the title insurors.
  • Thousands of “active” cases that are sitting on the Pinellas County foreclosure docket are dead, they’re dismissed.  The court can take no further action on them.  Show the docket cleared, move on to new cases.
  • The Pinellas County Courts will receive hundreds of thousands of dollars in new filing fees if the Plaintiffs do in fact re-file their cases in order to correct the problems they’ve caused.
  • Many of the questionable “legal” strategies employed by the Plaintff’s  firms in the beginning of the wave are going to be re-examined and found improper.
  • Much of the improper evidence and questionable documents that were submitted in the early stages of the wave will be examined (for the first time) and appropriate action can be taken to sanction the improper conduct evidenced by the introduction of such evidence.

Attorneys  and advocates, examine your cases.  All of you other people out there, particularly you bright legal scholars….pick this Motion apart and please post any critiques of this Motion here publicly.  The Motion is posted here below…..please read it and let me know what you think….the tide has definitely turned…..

Weidner Note

http://mattweidnerlaw.com/blog/wp-content/uploads/2010/05/mtd1.0701.pdf

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April

The real impact of all this is staggering.  Almost too much to wrap one's mind around.  If I hadn't experienced this myself I probably wouldn't believe it.  I pray for the full story to be exposed.  Soon.

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Matt Weidner Esq. at weidner@mattweidnerlaw.com is the courage attorney leading this investigation and discovery of massive mortgage fraud and bogus assignment. These fraud resulting in thousands of homeowners lost their homes.
Spread the word around so people know about these fraud and they should defend their homes. E-mail this info to the Chief Judges and Judges in your states so they know about what going on. Go to http://www.4closurefraud.org and http://www.mattweidnerlaw.com to get info and spead the info around the nation.

We must help Mr. Weidner Esq. to unveil the mortgage fraud and inform the owners to take back their homes. Go to see a good attorney and ask to have the Judgment reversed due to Fraud documents presented at Court Hearings.
Those who are in foreclosure lawsuit, check your notes, allonges, affidavits for fraud and e-mail them to weidner@mattweidnerlaw.com so he can gather solid proofs against Foreclosure Mills.

The tide is turning ... People, take action.
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Here is the Florida Civil Rules and Procedures permitting the Voidance of Court Judgment due to Fraud on the Court, Court Mistakes etc. The Court made mistakes allowing Bank to foreclose with fraudulent Assignments, Affidavits, Mortgages Note and in many cases they don't even own the notes (mortgage securization - Not a party of interest - No standing)

HOMEOWNERS - SHOW THIS TO AN ATTORNEY AND GET YOUR HOME BACK

Quote from S. Florida Foreclosure Attorney Defense D. Graham 305-445-9185
Under Rule 1.540 of the Florida Rules of Civil Procedure a judgment can be set aside for various reasons including excusable neglect, newly discovered evidence and fraud on the court. The time limit is one year post judgment except when the judgment is void. Also the property owner can file an independent action and is not limited by Rule 1.540 time limits. 

KeyCited CitationRule 1.540. Relief From Judgment, Decrees, or Orders

(a) Clerical Mistakes. Clerical mistakes in judgments, decrees, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the record on appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.

 (b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment or decree is void; or (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application. The motion shall be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding was entered or taken. A motion under this subdivision does not affect the finality of a judgment or decree or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order, or proceeding or to set aside a judgment or decree for fraud upon the court.

 

Unquote

 

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The latest market data from RealtyTrac showed that foreclosure activity nationwide rose by 19 percent in March, setting a new monthly record of 367,000 filings. RealtyTrac also found that for the first three months of 2010, foreclosures are up by 60 percent compared to 2009 and roughly 6 million mortgages are at least 60 days delinquent.

Defend your homes America

http://www.avvo.com      Free legal advice

http://www.foreclosureprose.com    Lot interesting info.
 
http://www.msfraud.org   Read the forum
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All the rules have changed in the last couple of months. Lending banks are now being held accountable for the trap they set, borrowing money they didn't themselves have, while using loose and illegal practices in the process. The massive lawsuit against Wells Fargo / Wachovia, Indymac / OneWest bank, Citibank, Bank of America, JP Morgan Chase, GMAC..............can actually, not only put a stop to your foreclosure, but also pause your house payments with no loss to you............

https://sites.google.com/site/sueyourlendernow/

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Posted 2011-01-16 14:41
by Karl Denninger
in Foreclosuregate
Ignore this thread
But I Thought There’d Be No Disruptions?

Oops….

In a major ruling Friday, a coalition of nonprofit defense lawyers and consumer protection advocates in Maryland successfully got over 10,000 foreclosure cases managed by GMAC Mortgage tossed out, because affidavits in the cases were signed by Jeffrey Stephan, the infamous GMAC “robo-signer” who attested to the authenticity of foreclosure documents without any knowledge about them, as well as signing other false statements.

But but but…. the banks have all sputtered, this is just paperwork and it doesn’t really impact anything.  It won’t stop us.  We just had to do a little internal review and “resubmit” documents where former ones were “incorrect” (a fancy word for PERJURED), right?

Uh, maybe not.  Peter Holland of the University of Maryland School of Law, decided to stop lecturing and start doing.  He got his class involved in actually suing instead of standing up and pontificating.

And Friday, he won.

GMAC “agreed” to dismiss every pending suit that had a robosigned affidavit in it.  That’s about 10,000 of them.  Sure, they can come back and file them again, but this time they’re going to have to use real documents, and they’re also going to have to prove up the debt.

Can they?

I don’t know.  But what I do know is that this is exactly what should have happened immediately – every one of those cases should have been immediately tossed.  Then, the State AG should have brought criminal perjury charges.  And finally, if under State Law the security interest has been lost, then the real party at interest (once we figure out who it is!) should have to pursue their claims as an unsecured creditor.

Only the first part of this has happened, of course, but it’s a start – and with some luck, now we’ll see the other two pieces fall into place.

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Criminals finally going to jail?  Let's keep our fingers crossed and hope we see some of these criminals behind bars where they belong!!!!!


http://foreclosureblues.wordpress.com/2011/01/16/wikileaks-paper-tiger-or-worse/

Wikileaks: Paper Tiger Or Worse?

                                                                                                                               
Posted 2011-01-16 14:35
by Karl Denninger
in Editorial
Ignore this thread
Wikileaks: Paper Tiger Or Worse?
I have to wonder now….

The offshore bank account details of 2,000 “high net worth individuals” and corporations – detailing massive potential tax evasion – will be handed over to the WikiLeaks organisation in London tomorrow by the most important and boldest whistleblower in Swiss banking history, Rudolf Elmer, two days before he goes on trial in his native Switzerland.

British and American individuals and companies are among the offshore clients whose details will be contained on CDs presented to WikiLeaks at the Frontline Club in London. Those involved include, Elmer tells the Observer, “approximately 40 politicians”.

Ok, so now we have a massive international scandal – tax evasion and similar things, and it involves politicians, not just “rich and famous people.”

Clients include “business people, politicians, people who have made their living in the arts and multinational conglomerates – from both sides of the Atlantic”. Elmer says: “Well-known pillars of society will hold investment portfolios and may include houses, trading companies, artwork, yachts, jewellery, horses, and so on.”

This is something that actually makes some sense.  If Wikileaks is actually a journalist, and is actually interested in stopping corruption and fraud (which is what we’ve all been told), then this is good, right?

Or is it?

The names on the CDs will not be made public, just as a much shorter list of 15 clients that Elmer handed to WikiLeaks in 2008 has remained hitherto undisclosed by the organisation headed by Julian Assange, currently on bail over alleged sex offences in Sweden, and under investigation in the US for the dissemination of thousands of state department documents.

Oh, I see.

So now we have a supposed “whistle-blower” organization that is not going to blow the whistle?

Exactly what purpose, other than extortion, does a “whistle blower” have if they sit on something and refuse to blow the whistle that they have placed in their lips?

Hmmmm….

You know, I wanted to give Assange the benefit of the doubt.  Really.  Even after Wikileaks falsely promoted a video as showing “brutality” by our troops in blasting a group of people for allegedly carrying a “camera” – when it turned out that the video clearly showed an RPG (that’s a weapon folks, and one that can take out a chopper) and the after-action reports were released showing that in fact it was an RPG, and there were more of them in the group too.

Sometimes people get it wrong, and although one could argue that Assange and his group are ideologically-motivated and thus hardly who you want to trust on that basis alone, the information looked like it was something we should, in a free society, have.

But now we’re being told we’re not going to get the information – despite it being given to Assange.

The bank, for its part, says:

Julius Baer has denied all wrongdoing, and rejects Elmer’s allegations. It has said that Elmer “altered” documents in order to “create a distorted fact pattern”.

The bank issued a statement on Friday saying: “The aim of [Elmer's] activities was, and is, to discredit Julius Baer as well as clients in the eyes of the public. With this goal in mind, Mr Elmer spread baseless accusations and passed on unlawfully acquired, respectively retained, documents to the media, and later also to WikiLeaks. To back up his campaign, he also used falsified documents.”

The bank also accuses Elmer of threatening colleagues.

Who’s telling the truth?

Without releasing the documents, including the names of the people involved, we have no way to know, and no way to investigate ourselves.

Assange, your credibility is evaporating fast, just as it is on the alleged other “bank leak” you promised to stick out there in the New Year.

Maybe – just maybe – he doesn’t really have that either.



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