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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Knows About Standing
Judge Philip H. BRANDT, of the U.S. Bankruptcy Court for the Western District of Washington gives us a very nice instructional opinion in the case of In Re Jacobson.  The full citation according to Lexis is:

In re Jacobson, No. 08-45120, UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON, 2009 Bankr. LEXIS 709, March 10, 2009, Decided, March 10, 2009, Entered on Docket.

This is an order on a motion for relief of stay in a bankruptcy setting by the purported mortgage servicer.  Judge BRANDT first takes local counsel to task for simply appearing without first filing the required notice of appearance.  This might be a defensive avenue to be explored in some jurisdictions, as very often a mortgage mill prepares the paperwork and then farms out actual appearances to local counsel when matters are actually contested.

Judge BRANDT then finds that the affidavit in support of the motion simply isn't credible.  He methodically takes it apart.  Defendants take note!  You will find precisely these same sorts of defects in most evidentiary filings.

In the end, Judge BRANDT finds that the servicer fails to demonstrate that it has standing to file the motion for relief of stay and the motion is over-ruled.  It is important to distinguish that Judge BRANDT is reaching this finding based upon the facts before the Court, NOT that a servicer lacks standing as a matter of law.  But here the servicer fails to prove its authority to act.

Though there is nothing earthshattering or really new in this case, it contains some very nice analysis defeating the sort of assembly line "evidence" churned out by the foreclosure mills and their contract perjurers!

The case is a very nice read and should perhaps be added to the resources appearing in the Legal Lounge!   

The full text of the opinion is available for free online at:

https://ecf.wawb.uscourts.gov/cgi-bin/show_opinion_doc?48,467960

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