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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What are the implications of presigned signature pages in foreclosure actions?

For instance, lender executes a blank signature page which is then notarized.  The notarized signature page is later attached to an assignment of mortgage for submission to the court.  Could such actions substantively affect a foreclosure action and if so how?   
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Nye Lavalle
Much! We've settled many cases recently because of this. Also see Rivera in NJ bankruptcy court and sanctions against FANDO
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Originally Submitted By Anne H.
For instance, lender executes a blank signature page which is then notarized.  The notarized signature page is later attached to an assignment of mortgage for submission to the court.  Could such actions substantively affect a foreclosure action and if so how?


First, check the STATUTORY DEFINITION of criminal forgery in your state!  In many states, false indication that a document was executed at a date and time OTHER THAN when it was actually executed, even by the CORRECT parties, is forgery.

Second, check the statutes and case law as to alteration of instruments in your state.  Alteration of instruments often VOIDS the instrument.

Third, bear in mind that presentation of documents as evidence which purports to memorialize transactions which have NOT actually taken place or which misrepresents the parties, date or time is evidence fabrication.

*

You should also be checking the statutes and rules of civil procedure for your state to identify the means of obtaining dismissal and/or sanctions for sham pleading and/or false pleading or knowingly pleading false evidence, which may also be perjury or subornation of perjury.

Separately, if you are involved in an equitable action, you should be pleading teh equitable maxims as defenses: (a) he who seeks equity must do equity, (b) the clean hands doctrine.

YOU SHOULD ALSO BE USING DISCOVERY TO ASCERTAIN THE FACTS AS TO THE FABRICATED EVIDENCE BEING USED AND TO FORCE THE PLAINTIFF TO TAKE A POSITION UNDER OATH AS TO THE VERACITY OF THE "FACTS" SHOWN IN FABRICATED DOCUMENTS.  LET THEM COMPOUND THEIR FRAUD BY FALSE SWEARING!   
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I knew I could count on you Mr. Roper!  Thank you. 

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An Exemplary Forgery Statute

Here is the specific text of the Texas criminal statute on forgery:

§ 32.21.  FORGERY.

(a)  For purposes of this section:

(1)  "Forge" means:

(A)  to alter, make, complete, execute, or authenticate any writing so that it purports:

(i)  to be the act of another who did not authorize that act;

(ii)  to have been executed at a time or place or in a numbered sequence other than was in fact the case;  or

(iii)  to be a copy of an original when no such original existed; [emphasis added]

(B)  to issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of Paragraph (A);  or

(C)  to possess a writing that is forged within the meaning of Paragraph (A) with intent to utter it in a manner specified in Paragraph (B).

(2)  "Writing" includes: 

(A)  printing or any other method of recording information;               
(B)  money, coins, tokens, stamps, seals, credit cards, badges, and trademarks;  and

(C)  symbols of value, right, privilege, or identification. 

(b)  A person commits an offense if he forges a writing with intent to defraud or harm another.

 

(c)  Except as provided in Subsections (d) and (e) an offense under this section is a Class A misdemeanor.

 

(d)  An offense under this section is a state jail felony if the writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument.

 

(e)  An offense under this section is a felony of the third degree if the writing is or purports to be:

(1)  part of an issue of money, securities, postage or revenue stamps;

(2)  a government record listed in Section 37.01(2)(C); or  

(3)  other instruments issued by a state or national government or by a subdivision of either, or part of an issue of stock, bonds, or other instruments representing interests in or claims against another person.

(f)  A person is presumed to intend to defraud or harm another if the person acts with respect to two or more writings of the same type and if each writing is a government record listed in Section 37.01(2)(C).

 

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  Amended by Acts 1991, 72nd Leg., ch. 113, § 2, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 189, § 1, eff. May 21, 1997;  Acts 2003, 78th Leg., ch. 1104, § 1, eff. Sept. 1, 2003.

 

Texas Penal Code, Chapter 32.

 

See http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm .

 

The precise language of criminal statutes relating to forgery varies WIDELY from state to state.  Perhaps others will want to look up the definition in their state and post those definitions here.

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Another Example Forgery Statute: Kansas

Here is another exemplary forgery statute, that of the State of Kansas:

Article 37.--CRIMES AGAINST PROPERTY
21-3710.   Forgery.
(a) Forgery is knowingly and with intent to defraud:
(1)   Making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed by another person, either real or fictitious, and if a real person without the authority of such person; or altering any written instrument in such manner that it purports to have been made at another time or with different provisions without the authority of the maker thereof; or making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed with the authority of one who did not give such authority [emphasis added];
(2)   issuing or delivering such written instrument knowing it to have been thus made, altered or endorsed; or
(3)   possessing, with intent to issue or deliver, any such written instrument knowing it to have been thus made, altered or endorsed.

(b)
(1)   Forgery is a severity level 8, nonperson felony.
(2)   On a first conviction of a violation of this section, in addition to any other sentence imposed, a person shall be fined the lesser of the amount of the forged instrument or $500.
(3)   On a second conviction of a violation of this section, a person shall be required to serve at least 30 days' imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $1,000.
(4)   On a third or subsequent conviction of a violation of this section, a person shall be required to serve at least 45 days' imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $2,500.
(5)   The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the mandatory sentence as provided herein.

(c)   In any prosecution under this section, it may be alleged in the complaint or information that it is not known whether a purported person is real or fictitious, and in such case there shall be a rebuttable presumption that such purported person is fictitious.

History:   L. 1969, ch. 180, § 21-3710; L. 1972, ch. 118, § 1; L. 1984, ch. 119, § 6; L. 1992, ch. 239, § 108; L. 1993, ch. 291, § 70; L. 2001, ch. 186, § 1; July 1.

http://www.kslegislature.org/legsrv-statutes/articlesList.do
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This trail I have been on for sometime as many of you know, as in Litton Loan and CBASS its (SOP) for them to alter and amend documents for the purpose of litigation, most if not all of their lawyers know this!!!!  They are knowing representing a client that is committing a fraud against the courts!  By legal ethics, they should recluse themselves, by filing such documents the individual lawyers and their law firms risk being sued or even prosecuted.
 
There is a growing body of evidence that Litton Loan through its legal Counsels of CBASS and LITTON LOAN have supplied forged, altered, and substituted documents, that were drafted and filed on other mortgages! 
 
Here is one for those that follow this forum, did Litton Loan hide tens of thousands of mortgages and their pooling and servicing agreements before Goldman purchased it from them?  There you go Larry!  Next week in Houston! Did you tell the SEC or MGIC or RADIAN of these transfers?  and the back dating being done on these?  I'm just waiting to see the audited sec filing! GOTCHA!
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