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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Hector
I need to find some arguments that the assignments of the mortgage and resulting foreclosure sale have caused the homeowner to be prejudiced.

Even if Lender B lacked authority to transfer the note, how was the homeowner prejudiced by the assignment since a note is a negotiable instrument and can be transferred to another creditor.  As to the homeowner, an assignment merely substitutes one creditor for another, without changing the obligations under the note.  If a homeowner is in default, how does the transfer to Lender C interfere in any manner with the homeowner's payment under the note.

Nor that the original lender (Lender A) would have refrained from foreclosure under the circumstances presented.  If Lender B indeed lacked authority to make the assignment, how is the homeowner the victim, wouldn't it be Lender A, which would have suffered a loss under non-payment of the note?

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ka

Quote:
I need to find some arguments that the assignments of the mortgage and resulting foreclosure sale have caused the homeowner to be prejudiced.

Even if Lender B lacked authority to transfer the note, how was the homeowner prejudiced by the assignment since a note is a negotiable instrument and can be transferred to another creditor. As to the homeowner, an assignment merely substitutes one creditor for another, without changing the obligations under the note. If a homeowner is in default, how does the transfer to Lender C interfere in any manner with the homeowner's payment under the note.

Nor that the original lender (Lender A) would have refrained from foreclosure under the circumstances presented. If Lender B indeed lacked authority to make the assignment, how is the homeowner the victim, wouldn't it be Lender A, which would have suffered a loss under non-payment of the note?
 

 

Don Quixote:

 

You seem to have answered your own question which this presents the paradox as to why you bothered to even start this thread.

 

Your intuition is CORRECT.  The borrower's rights are NOT prejudiced by an assignment and the express language of the security instrument contemplates assignment.

 

Therefore WHY are you searching for an argument which cannot be validly made?

 

Do you like tilting at windmills?

 

Why not present valid defensive arguments instead?

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x
Do you like tilting at windmills?   No.


Why not present valid defensive arguments instead?
 
I hate to ask a question with a question but,
 
what 'valid defensive arguments' then?
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ka

Search or scroll back through older Forum threads and read Mr. Roper's posts on evidentiary arguments, conditions precedent, standing, etc.

 

Defensive avenues are VERY DIFFERENT for judicial and non-judicial foreclosures.

 

AVOID any of the purported approaches advocated by swindlers such as Mike H.  These include Quiet Title, Mike's imagined "death gamble defense", "show me the note" or other vacuous strategies.  MOST of what is posted online as to foreclosure defense is MISINFORMATION posted by scam artists and swindlers.

 

Because they stand to PROFIT from your financial distress, their misinformation DROWNS OUT the truthful information posted by Mr. Roper and a handful of others.

 

MOST FORECLOSURE DEFENSE SITES ARE OPERATED BY SWINDLERS.  Even the sites that have the borrower's interests at heart are constantly trolled by swindlers to continue to extol and promote myths which will form the basis for their swindles

 

For example, the Living Lies site is operated by a notorious scam artist Neil Garfield.  

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texas
Not sure, but sounds like Hector is a Mike H clone by examining the writing style and the question/facts presented..
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