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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Margaret
http://online.wsj.com/article/NA_WSJ_PUB:SB10001424052702303491304575188943977777722.html#articleTabs%3Darticle

Concerning this article that was on the main page here, I find this disturbing!

Quote: "Forrest McSurdy, a lawyer at the David Stern firm that handled the U.S. Bank case, said the mistake was due to "carelessness." The mortgage document was initially prepared and signed in 2007 but wasn't notarized until months later, he said. After discovering similar problems in other foreclosure cases, he said, the firm voluntarily withdrew the suits and later re-filed them using appropriate documents". End quote

When are these people going to get serious charges brought up against them? So, if you go to a store and try to shoplift something and they catch you, you say "Oh, I meant to pay for that" and they let you go...what are the chances that person will do that same thing again & again? Now, if you gave someone ten years for stealing that item, what would be the chances of that person or anyone he knows doing that again? Hmmmmm....pretty good right.

This is outright FRAUD....not Carelessness!!!

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Guide to look up Foreclosure Fraud
http://4closurefraud.org/2009/10/18/foreclosure-fraud-guide-to-looking-up-public-records-for-fraud/
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Margaret
Ann, there is no assignment of mortgage for my loan on record.

No promissory note was attached to Plaintiff’s Complaint.

No assignment of the subject mortgage was attached to Plaintiff’s Complaint.

*** I was not properly served and did not waive my right to be served ***

Inconsistencies between the allegations of material fact within the complaint and the content of the documents attached presents conflict within the complaint itself and a present uncertainty as to the real party in interest to prosecute a foreclosure.


In Florida, a party is not entitled to maintain an action to foreclose a mortgage that secures a promissory note unless that party holds the note and owns the mortgage. Your Constr. Ctr., Inc. v. Gross, 316 So. 2d 596 (Fla. 4th DCA 1975).

        Plaintiff's failed to comply with Rule 1.130 which obligates it to attach:

a) a promissory note executed or endorsed in favor of the Plaintiff; or endorsed in blank, and,

b) a document evidencing its right to enforce the promissory note pursuant to a Mortgage on the subject real property.

The Plaintiff’s foreclosure action should be dismissed for Plaintiff’s failure to comply with requirements of Fla.R.Civ.P 1.130(a).


This is being ignored though in most court rooms, no need to comply with rules and laws....carry on!!!


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Hi Margaret,
Dillon Graham is one of Miami top gun Foreclosure Defense Lawyer.

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Margaret
Ann, I hope you're right.... as our fate is in his hands.

Hope all is well on your end.
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Sara
Please keep us informed of what happens

S
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