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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Anonymous
Where would I search to find out what mortgage securities are linked to which servicers?

I am thinking that linking up the two would provide additonal ammunition for the fight against mortgage servicing fraud.  That is, what is being discovered during class action lawsuits brought on behalf of investors can be of use to victims of ms fraud as well. 

I am also interested in what ways mortgage servicing fraud can be tied to fraud on the investor and what causes of action might be applicable. 

When the servicers get trash fees from borrowers where does it go?  Or where should it go?








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If you just want to start some general research, I'd start in one of three places - either a county registry of deeds - yours or any county accessible online, directly from the SEC filings of any of the larger RMBS securitizers, OR you could simplify the process and pull a dozen or so trust names from a newspapers public notices/foreclosure section - again, either your own or a major publication available online.

Once you got the correct trust names then you're off to the SEC filings to find out who is servicing that particular trust.

As far as fraud on the investors, there are several investor actions currently in the court systems - Ellington Credit Fund v. Select Portfolio Servicing et al comes to mind for some odd reason. A quick read through a few complaints should give you an idea of the buffet of charges available...

And as far as where any fees go, that is determined by the Pooling & Servicing Agreement in the prospectus of any given RMBS trust. A Ctrl-F for "additional servicing compensation" should cut through the 425(b)5s fairly quickly for you.
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Anonymous
Thanks Mike!  Exactly what I was looking for.
 
Sorry for the length.  Here is what Countrywide is warning its investors of as of 10/31/07 in its 425(b)5.  Check out the last paragraph.  Anyone know exactly what is meant by "increased reimbursable servicing expenses?" I am guessing this means servicers are concerned that new laws may stop them from forcing trash fees (among other dirty deeds) on borrowers.
 
Recent Developments In The Residential Mortgage Market May Adversely Affect The Performance And Market Value Of Your Securities
 
Recently, the residential mortgage market in the United States has experienced a variety of difficulties and changed economic conditions that may adversely affect the performance and market value of your securities.  Delinquencies and losses with respect to residential mortgage loans generally have increased in recent months and may continue to increase.  These increases in delinquencies and losses have generally been more severe with respect to subprime mortgage loans and second-lien mortgage loans.  In addition, in recent months housing prices and appraisal values in many states have declined or stopped appreciating, after extended periods of significant appreciation, and housing values are expected to remain stagnant or decrease during the near term.  A continued decline or an extended flattening of housing values may result in additional increases in delinquencies and losses on residential mortgage loans generally.
 
Another factor that may result in higher delinquency rates and losses in the future is the increase in monthly payments on adjustable rate mortgage loans.  Borrowers with adjustable rate mortgage loans are being exposed to increased monthly payments when the related mortgage interest rate adjusts upward from the initial fixed rate or a low introductory rate, as applicable, to the rate computed in accordance with the applicable index and margin.  This increase in borrowers’ monthly payments, together with any increase in prevailing market interest rates, may result in significantly increased monthly payments for borrowers with adjustable rate mortgage loans.
 
Borrowers seeking to avoid these increased monthly payments by refinancing their mortgage loans may no longer be able to find available replacement loans at comparably low interest rates.  A decline in housing prices may also leave borrowers with insufficient equity in their homes to permit them to refinance, and in addition, many mortgage loans have prepayment premiums that inhibit refinancing.  Furthermore, borrowers who intend to sell their homes on or before the expiration of the fixed rate periods on their mortgage loans may find that they cannot sell their properties for an amount equal to or greater than the unpaid principal balance of their loans.  These events, alone or in combination, may contribute to higher delinquency rates and losses.
 
Investors should note that delinquencies and losses generally have been increasing with respect to securitizations sponsored by Countrywide Home Loans, Inc.  These increases in delinquencies and losses (as adjusted for age) are most pronounced for recent vintages and are especially pronounced for those securitized pools that include loans with higher risk characteristics, including reduced documentation, higher loan-to-value ratios or lower credit scores.  See “Static Pool Data” in this prospectus supplement and the Internet website referenced in that section for delinquency and loss information regarding certain prior securitized pools of Countrywide Home Loans, Inc.
 
In addition, numerous residential mortgage loan originators, including Decision One Mortgage Company, LLC (“Decision One”), CIT Group/Consumer Finance, Inc. (“CIT”) and Quick Loan Funding Inc. (“Quick Loan”), each of whom originated a significant number of the mortgage loans, have recently experienced serious financial difficulties and, in some cases, bankruptcy.  These difficulties may affect the market value of your securities.  The cessation of mortgage lending by Decision One and CIT and the substantial reduction of mortgage lending by Quick Loan may also make it more difficult for the master servicer to service the mortgage loans originated by them because they will not be available to respond to inquiries or correct deficient or defective documentation with respect to the mortgage loans originated by them.  As a result, mortgage loans originated by Decision One, CIT and Quick Loan may experience higher than expected delinquencies and losses.
 
Numerous laws, regulations and rules related to the servicing of mortgage loans, including foreclosure actions, have been proposed recently by federal, state and local governmental authorities.  If enacted, these laws, regulations and rules may result in delays in the foreclosure process, reduced payments by borrowers or increased reimbursable servicing expenses, which are likely to result in delays and reductions in the distributions to be made to certificateholders.  Certificateholders will bear the risk that these future regulatory developments will result in losses on their certificates, whether due to delayed or reduced distributions or reduced market value.

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noodles

Anonymous wrote:
  Anyone know exactly what is meant by "increased reimbursable servicing expenses?" I am guessing this means servicers are concerned that new laws may stop them from forcing trash fees (among other dirty deeds) on borrowers.
 

What this says to me.... is the investor can expect to lose income, due to the reduced borrower payments, and the other FEES, such as Attorney's fee's BPO's etc, etc, will be billable to the investors.

What they are saying is .... if the borrowers aren't paying these fees... somebody will have to, and they will come after the investor for the reimbursement.

Geeze........ Does anyone here have any idea if a Servicer already charges BOTH PARTIES of Investor, and Borrower for a BPO, Attorneys fees, Mis. Corporate advance fees?

If the Servicers do, then they make DOUBLE their MONEY!

Other than this spin on that article paragraph, I didn't see any other meaning. Someone else may read it differently though.


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