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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
If someone has a significant contradiction between claims in the petition and the payment history the plaintiff provided in discovery, is that important enough to dismiss the case with prejudice? I'm thinking if the petition claims default on a certain date and the payment history plainly says otherwise, then that is significant. If the date of default is incorrect, then of course, the amount owed on that date is incorrect. 

In the case I'm referring to, a homeowner has a letter, dated almost two months after the claimed default date, thanking him for bringing the account current and honoring his commitment to a forbearance payment. He continued to pay every month for almost a year after the claimed default date, while he waited for a loan modification. He finally quit paying when the file was processed by the servicer to start parallel foreclosure. 

The amount due is uncertain as it says it may change as the loan continues to be delinquent, so maybe that's a protection for the plaintiff. However, the default date is incorrect and the plaintiff's own evidence proves it. 

So the question: are the date of default and the amount owed mere claims that are meaningless to the court since the case is based on the fact that the homeowner defaulted at some point and still owes some amount?
Quote 0 0
Simple answer: Very important!
     In my 2004 case with US Bank, where Ocwen was the loan servicer, Ocwen either accidently or on purpose backdated the start date to pay
from May 1, 2003 to March 1,2003 putting me two months in arrears from
the get go. Then they added late fees and other charges while we disputed
     Finally in Feb. 2004, they filed foreclosure against me and a three year
battle ensued, which I eventually won when they were forced to admit in
Feb 2007 that they had made a mistake. We then settled the case and they
cleaned up my credit.
     So never give up until you are sure you have used up all your defenses.
You may have defenses you don't even know about, so find a good lawyer
if you can, and if you can't, ask the Holy Spirit to reveal them to you! I'm
not kidding, it worked for me and I still have the property!
Quote 0 0
Thanks, Mike. I read my first post and it was not clear at all. Thanks for trying to understand it.

This homeowner had to bring a payment current because the servicer told him he could not get a loan modification if he was not behind on payment. He had never missed a payment until the servicer told him not to pay.

Would you mind if I contact you directly? I would like to give you more information to clarify and to find out more about how you fought this kind of error, if you would like to share that.

Quote 0 0
Make them prove everything.

Challenge every amount.

Quote 0 0

TheEquitableOne wrote:
Make them prove everything.

Challenge every amount.


Quote 0 0
     Here's an idea. Imagine you just won 300K in the lottery and the first thing you decide to do with the money is pay off that 200K mortgage you
took out with NC in 2005.
     Your servicer is OC,LLC. How would you go about it? Think about it.
You look at the copy of the Note and mortgage and it says you owe the
money to NC, so you decide to get in touch with them directly so you can
pay off what you borrowed and get back the cancelled Note. You call the
number on the mortgage, and the phone line is d/c! What do you do now?
You go on the internet and look them up. You find out they went bankrupt
in 2007 and no longer exist. How do you pay off a "non existant" lender?
     So then you say, I know, I'll call MERS and see what they say. MERS
tells you your loan is owned by DBNTCA. So you look them up, and they
don't exist, however DBNTC exists in California and DBTCA exists in NY,
but no DBNTCA! So what to do? So you call your servicer OC and speak to
a representative. You tell him you want to pay off the loan but you don't
know who to pay it to. He says "not to worry" "you can just pay it to us
and we'll make sure it goes to the proper investor, we'll also make sure
the mortgage gets satisfied."
      Then you say, "But how can I be sure you'll give it to the right investor?
I'd like you to send the original copy of the Note to my attorney so we can
make sure it is being returned to me stamped cancelled after I pay the note
      The the man at OC says, "that won't be possible because alot of these
Notes got lost or destroyed but you can be assured we at OC will absolutely
make sure that the right investor who owns your Note gets paid and we will
contact the credit bureaus so they will inform the world it was paid off."
       "Well, not that I don't trust you, but could I speak with the investor
directly?" OC: I'm sorry, the investors don't like to be disturbed but you can
trust us to send them the money after you pay us."
       What would you do?
Quote 0 0
Mike H wrote:
     Here's an idea. Imagine you just won 300K in the lottery and the first thing you decide to do with the money is pay off that 200K mortgage you took out with NC in 2005...... What would you do?

Few borrowers can pay-off their mortgage, but if they could the servicer will fabricate a lien satisfaction through LPS or DOCx. Right?

If the mortgage and note were lost or destroyed, so what. The servicer will continue collecting the debt theirs or not, and one can not really contest the validity of the debt without defaulting. Right?

Oh, debt validation letter, LOL. They don't answer, won't disclose the investor, won't show proof other than an old copy of the instrument which anyone can obtain from county records. Borrower can sue, but for what? What proof does a borrower have, the court doesn't care if they own the debt, because if the court did, the servicer would have to prove it and they never do.

I have my "monthly payment receipts" to account for the thousands I've paid-in, where are their receipts proving they purchased anything?????

Quote 0 0
   For you Floridians or those in Judicial states, go to "foreclosure pro"
for possible answers to the question. The question is, "who do i owe the money to? and how can i pay off my loan if I had the money to do so?
   Also, what do I do if the original lender no longer exists and the loan was
never lawfully transferred? Think about it!
   Here's an example. Joe loans you $1000 and you give him an IOU for the loan, $1000 at 6% interest. Joe dies in a car crash. Then one day Bob comes
knocking on your door. You answer it. He says "hi" I'm Bob, a friend of Joe,
the guy who lent you the $1000. Before he died, he told me about the loan
so I'm here to collect it for him.
    What would you do? Would you ask him to show the IOU or would you just
pay him because he says so? This is the position of millions of homeowners
whose lender bit the dust during the crash. Bob is the loan servicer, and most of the time, he can't produce the IOU.
     It's called a "mort gage". You didn't realize you were making a wager (gage) on who would outlive who, but that is exactly what you were doing.
When you win at Roulette, do you allow the Croupier to steal your winnings?
or worse yet, do you allow the "bank" ie the casino, to keep your winnings?
      The way you stake your claim is by filing a "quiet title". Research it,
you'll be glad you did!
Quote 0 0
Write a reply...