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
Hello out there I am looking for some help. I am in foreclosure in Oregon and its a non Judicial foreclosure. The papers I received list argent as the mortgage and my x-wife's name on it. I had the tile changed 10 month ago but I am being served with her name on the papers although she is not on the loan. Is there a way I can stop the foreclosure due to incorrect filling. also My loan was transferred from Argent to Citi Residential lending then I received a notice it was transfer to Citi Mortgage then the paper work said Citi Residential I am so confused and just looking for help to save my home.

I am 7 month behind and was working with a company call USFR to help me mod my loan since i had a divorce and lost income as well as had surgery. This company disappeared off the face of the earth and I out 1,800. Please please help anyone if you can with what i can do.
Quote 0 0
Sara
Go to NACA.com.  Cick on homesave, go straight to submission and start putting all the documents together and fax them in.  They have workshops but just not enough of them.

The flipping of your loan is a common game they play.  I call it "Pin the Tail on the Rat".  Check with your county courthouse to see who really has it.

S
Quote 0 0
Md
The county records may or may not disclose the identity of the actual owner of the mortgage.  Most often, a record owner is shown, but that owner may NOT be the actual owner. 

DO go to the court house and find out who the record owner is.  Also get the MIN number off the mortgage if MERS is the mortgagee.  Then go to the MERS website to findout who the servicer is.

Separately, search this Forum.  I believe that Nye Lavelle posted some links to new facilities of FNMA and FHLMC to determine if THEY are the owners of your mortgage.

In either case, there is an owner and there is a servicer.  These are unlikely to be the same.

For reasons shown elsewhere throughout these message threads, there are some interesting questions and challenges in determining and proving ownership. While your question seems to relate tohow to get in touch with the owner, you should famliarize yourself with these issues so that you may use this information to your advantage defensively, if necessary.
Quote 0 0

MERS has no record other than an old mortgage I had with GMAC. I also went to court house and there is no one on file ether. I dont need to get ahold of the owner of the loan or maybe i do I dont know. I am looking for a way to save my home but the info that is listed on the forclosure docs are incorrect Argent no longer in business. I know that they were rolled into CITI at some time. but How do i contest the forclosure and get CITI to work with me on a real solution. I tyied once already with them but since I had financial issues I no longer have a bank account and they want 2 month of bank records I dont have and cant produce since the bank i was with I still owe money to and they wont give me any records. and I can afford to pay then and save my home. I am sorry if i seem frustrated and may not make sence I am very scared.

Quote 0 0
The Equitable One
Scared.

Most of us can relate to that feeling. Even terror.

Keep plugging, keep researching. Everyday you can stay in your home only increases your chances of prevailing. More and more people, and Courts, are beginning to wake up and realize the defects, deficiencies and outright crimes being committed by Plaintiffs.

I think eventually flood gates will open up for us.
Quote 0 0
Md
Take some time and read through the discussion threads on various topics on this Forum.  You will find that even those with resources, good records and the best of intentions find negotiation with servicers in this setting to be challenging at best and treacherous at worst.

You need to be very guarded as to what you communicate to the servicer, as any information may subsequently be (a) used against you in court, (b) used to seek a deficiency judgment against you, (c) used to help determine just how much more money to squeeze out of you before foreclosing anyway.

YOU WOULD BE WELL COUNSELLED TO CONSULT A GOOD LAWYER WITH CONSUMER DEBT EXPERIENCE.  These are hard to come by.

IF a foreclosure action is filed against you, you should carefully scrutinize the posts here as to defensive ideas and approaches.  There are MANY possibilities.  These vary depending upon the jurisdiction in which the property is located and the sorts of blunders made by the plaintiff in its foreclosure filings.

GET STARTED EARLY.  You will have very little time to get up to speed after being served with a complaint in foreclosure or other legal process.

If you are properly served and the plaintiff obtains personal jurisdiction over you and the property, make sure that you ANSWER and avoid a default.  But CHECK WITH A LAWYER and/or study the law to verify that the service is valid.  UNDER NO CIRCUMSTANCES SHOULD YOU LET THE PLAINTIFF OBTAIN A DEFAULT JUDGMENT AGAINST YOU.

Amongst the defensive strategies successfully employed elsewhere are "produce the note" strategies and challenges to the court's jurisdiction based upon the plaintiff's standing. 

If defending in a judicial foreclosure, try to get some discovery under way.  You may be able to use discovery to obtain useful facts for your case.  

Search this Forum under various keywords to learn more about these topics. 
Quote 0 0

Thanks for all the info. I am in Oregon Jackson county a non Judicial state. I have been served and an auction date has been set for July. there is no where on the service papers saying I need to respond to the courts. the papers also list my X-Wife on the deed. which I changed back on 8-2008 Per our divorce. It seems that I should be able to stop this since they have not done due diligence to validate the deed. they are only going of the original that was done when we refinanced. and my X-Wife was never on the loan at that time just on the deed. Is there anyone out there that can direct me to someone that can help for a very low cost. I have no Idea how to reply to reply to them or what I would need to file. thanks again.

Quote 0 0
    I am not familiar with the process in a trust deed state, except that it is
opposite of a Judicial state like Florida. That means you would have to sue
the lender to get the case before a Judge.
    If you can do that, then you are in position to work out a settlement with
the Note holder. Right now the borrower is in a strong negotiating position
because the real estate market is terrible everywhere. Put yourself in the
shoes of the Note holder for a minute. What does he/she/it really want?
    Probably, he/she/it just wants the stream of income to start again. What
can you do to work out a win/win situation?
Quote 0 0


Summary of State Foreclosure Laws, Feb. 26, 2009

http://www.consumerlaw.org/issues/foreclosure/content/Foreclosure-Report-Card-Survey0209.pdf


Here you can search for legal aid and attorney references in your state:

http://www.tlpj.org/search.cfm


More attorney resources from nclc:

http://www.consumerlaw.org/advice/consumer_info.shtml

 

How to Get Legal Assistance

Useful Links


  • AFFIL needs your help to speak up for consumer protection from abusive lending practices. The goal is simple - to establish fair credit policies and practices.

  • General Consumer Links
    Broad range of legal and governmental resources, including listings of attorneys and law firms, and federal and state resources.

(If you use any links in this web site to external web sites, you will leave the NCLC web site. The linked sites are not under the control of NCLC and NCLC is not responsible for the contents of any linked site or any link contained in a linked site. NCLC provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by NCLC of the site, nor does it imply that the linked site recommends, approves of, or endorses NCLC.)



Know More About your Rights
NCLC Books for Consumers


 

Disclaimer: We are a consumer advocacy group providing research assistance to consumer attorneys, writing manuals on law, and working with lawmakers to adopt laws and regulations which benefit and protect consumers. Unfortunately, our resources do not permit us to handle individual consumer complaints directly.

None of the information provided in this web site should be regarded as legal advice. If you need legal advice, you should consult an attorney. Persons who need a lawyer or legal advice should contact their local bar association, legal services program, or legal aid society.


Rescue programs Citi is listed:
http://www.consumerlaw.org/issues/financial_distress/loan_modification.shtml


Loan Modification Programs

Summary of industry and Government Sponsored Loss Mitigation Programs
(updated to include the Obama Administration Plan; see below for related documents)

  • Obama Administration's Making Home Affordable Program:

Making Home Affordable Summary of Guidelines

Making Home Affordable Q&A

Making Home Affordable Modification Program Guidelines

Fact Sheet

Freddie Mac Announcement

Freddie Mac Bulletin

FannieMae Home Announcement

Project lifeline overview

  • Citi

Citi Announcement

Citi Statement on Mortgage Foreclosure Moratorium

Fannie Mae Announcement

Fannie Mae FAQ

Fannie Mae extension

Freddie Mac Announcement

Freddie Mac extension

FDIC Loan Modification Program

Appendix

http://www.fdic.gov/consumers/loans/loanmod/NPV.xls (NPV worksheet)

FDIC/Indymac loan modification FAQs

  • Federal Housing Finance Agency (Streamline Modification program standard set forth by Fannie Mae, Freddie Mac and HOPE Now)

Letter to servicer

Letter to servicer to support SMP

U.S. Department of Treasury Press Release

  • HOPE For Homeowners (refinance program)

HOPE For Homeowners origination guidelines

HOPE For Homeowners servicing guidelines

HOPE For Homeowners servicing guidelines supplement

HOPE For Homeowners refinance transactions

HOPE For Homeowners refinance transactions attachment

Hope NOW Servicing guidelines

JPMorgan Chase expanded plan

 


Quote 0 0
Write a reply...