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 thread post: "Proof Atty Actual Represents Client?"
 
: "This is an IMPORTANT comment. I don't think I've read this anywhere before."

In most of these instances, the case is remanded to the trial court rather than dismissed. This is usually due to the defendant's failure to file a cross motion for defensive summary judgment. If the defendant had filed a cross-motion, the case might have been dismissed.


This is an IMPORTANT comment. I don't think I've read this anywhere before.
Does this mean every homeowner defending against foreclosure should always file a defensive summary judgment?

I read in a recent case that one judge opined that burden of proof still remains on the plaintiff in the event a defensive summary judgment is filed.


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