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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Unregistered
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FREE SAMPLE FLORIDA LEGAL DOCUMENTS

Warning: Law is very complex. Foreclosure law involves many state and federal laws. If you use these documents, you do so at your own risk. We recommend you consult a lawyer before using these documents or representing yourself in court.

PRIMARY RESPONSIVE DOCUMENTS:

1) Motion to Quash Service of Process;
2) Motion to Dismiss for Lack of Verification of Complaint;
3) Motion to Dismiss for Lack of Standing - version 1;
4) Motion to Dismiss for Lack of Standing - version 2;
5) Motion to Dismiss for Lack of Standing - version 3;
6) Motion to Dismiss - Verification, Standing, Capacity, Trust issues - Version 1;
7) Motion to Dimiss - Post Bankruptcy - Version 1;
8) Motion to Dismiss - "Successor" Language is Vague - Version 1; Order on Successor Language being Vague;
9) Motion to Dismiss - Assistant Secretary Issue (won last week);
10) Motion to Dismiss - latest;

SECONDARY RESPONSIVE DOCUMENTS:

1) Answer and Affirmative Defenses - version 1;
2) Answer and Affirmative Defenses - version 2;
3) Answer and Affirmative Defenses - version 3 (newest);


DISCOVERY:
A) Informal:

1) Qualified Written Request - version 1;
2) Qualified Written Request - version 2;
3) Letter - Demand for Debt Verification and to Cease Contact;
4)
Corporate Representative Deposition. (version 1)
5) Corporate Representative Deposition. (version 2 - newer/better)

B) Formal:

(i) Interrogatories:
1) Interrogatories - version 1;
2) Interrogatories - version 2;
3) Notice of Service of Interrogatories;

(ii) Request for Production:
1) Request for Production - version 1;
2) Request for Production - version 2;
3) Notice of Service of Request for Production;

(iii) Request for Admissions: (Note: Admissions are highly tactical and may seem confusing)
1) Request for Admissions - version 1;
2) Request for Admissions - version 2;
3) Request for Admissions - version 3A;
4) Request for Admissions - version 3B;
5) Request for Admissions - version 4;
6) Notice of Service of Request for Admissions;

C) Compelling Discovery:

(i) Prerequisite to filing - Attempted Discovery Resolution:
1) Letter to opposing counsel;

(ii) Motions:
1) Motion to Compel Responses to Interrogatories;
2) Notice of Hearing on Motion to Compel Responses to Interrogatories;
3) Motion for Sanctions for Failure to Respond to Order Compelling Responses to Interrogatories;
4) Notice of Hearing on Motion for Sanctions;


OPPOSING SUMMARY JUDGMENT:

1) Opposition to Motion for Summary Judgment - version 1;
2) Opposition to Motion for Summary Judgment - version 2;


MOTIONS TO SET ASIDE JUDGMENT:

1) Motion to Set Aside Summary Judgment - version 1;

TRIAL:

The Entire Fastiggi Trial Transcript, with closing argument and the court's findings is available here. Before you do a foreclosure trial, you need to read this transcript and see how we kept the bank from getting documents into evidence. The issue of an equitable lien will be appealed.


*****

APPELLATE CASES

1) Jones Appeal, initial brief;
2) Peacock appeal, initial brief;
3) Taylor appeal:
a. initial brief;
b. answer brief;
c. reply brief;
d. decision;
e. motion for rehearing;
f. motion for certification to the Supreme Court;
4) Lyttle appeal, initial brief.



 

*****

FRAUD ISSUES:

Fake Notes:
Have you seen your "original note" in the court file? Is your signature on it in electric blue/green ink? Our belief is that this electric blue/green ink is a fraud and we are working hard to put together a team of experts and proper equipment to challenge the authenticity of such signatures. It may be that the fraudsters are using a computer controlled mechanical pen to make that fraudulent signature, like this one (click here for demo) and (click here for types of machines). If the signature is a fraud, the judge may dismiss the case against you with prejudice for "fraud on the court". Some of these signature machines, like the Ghostwriter, can vary the pen pressure! And, if you think a bank wouldn't resort to dirty tricks, just take a look at the Lyttle appeal.

Original Papers?
Paper, ink, printers and their interaction with each other in the proof of fraud are very complex. (Click here for Amjur article on Proof of Identification of Paper in Litigation) There is an informative article on the use of forensic examiners in the medical malpractice field that you ought to read to get a working knowledge of what this subject is about. (Click here) The issues that seem obvious as proof of fraud aren't exhaustive. Forensics is extremely broad and your intuition may lead you to use other forensic techniques to prove fraud. (Click here for a website on forensic evidence) An analysis of the ink on the document may determine the year the ink was made. An analysis on the ink for encoded pixels may determine the make, model and year of the printer that made the document. If that ink or printer was made after your loan was signed, someone committed fraud! (Click here for an article on Ink Deposition Analysis) An analysis of the paper on a gas chromatograph mass spectrometer may produce further incriminating evidence - we are working on getting one of those machines. We will keep you posted on this issue.

If you get sued, you have a very short time to respond - 20 days. Don't file an "Answer", instead, file a motion to dismiss, a motion for a more definite statement and/or a motion to strike. Save that Answer for later. It buys you more time in the home, plus, why would you want to hand over your home to a bank that isn't the owner of the note? That is like handing the keys to your car to the first car thief that demands you give it to them. Sample motions are below. Also, reading appeal documents can give you a good basis to beginning to understand the law. The Jones appeal, below, gives you an understanding of how to challenge a judgment when you have waited to file your Notice of Appeal beyond the 30 days after a final judgment has issued. The Peacock appeal concerns the impact of a homeowners Request for Admissions which was ignored by a circuit judge at summary judgment.

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Unregistered

I found another interesting foreclosure defense pleading.
Defendant Motion for  Sanction of  Dismissal with Prejudice

http://www.scribd.com/doc/22580948/Indymac-Federal-Bank-Fsb-Plaintiff-Vs-Israel-a-Machado-50-2008-CA-037322xxxx-Mb

Warning: Law is very complex. Foreclosure law involves many state and federal laws. If you use these documents, you do so at your own risk. We recommend you consult a lawyer before using these documents or representing yourself in court.


 
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Unregistered
Samples pleadings - US Government Complaints against 17 Banks for securities frauds.

Here are the links for full complaints of US Gov v. 17 Banks.
The complaints describe the faulty Securization process done by each Bank
The complaints have extensive lists of Trusts and other related info.
 
and the Oklahoma Class action complaint
 
Warning: Law is very complex. Foreclosure law involves many state and federal laws. If you use these documents, you do so at your own risk. We recommend you consult a lawyer before using these documents or representing yourself in court.

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Ann

http://www.gingolaw.com

FORECLOSURE DEFENSE ROAD MAP 

     If you are in foreclosure, you can fight the case where it is (generally circuit court), or you can attempt to fight it in federal district court (under certain circumstances) or in bankruptcy court (which is also a federal court, but not a district court). Many bankruptcy courts around the country are beginning to turn the tide and are ruling against the banks. But in order for that to happen, you have to properly prepare your schedules to reflect that the mortgage loan is both unsecured and disputed. If you fail to do that you will not adequately challenge the debt. Most bankruptcy lawyers will not mark your papers in that manner as that will cause a large amount of work in the bankruptcy court. Bankruptcy courts move extremely fast and lawyers want to get paid for their work. If you are in bankruptcy, chances are good you won't have the funds to pay your bankruptcy lawyer to brief the issues and fight the bank in that court. In that instance, contact me as I may be able to brief it for you at a substantially reduced cost.

When you are sued for foreclosure, it is inappropriate to send a letter to the court. That is not a responsive document and will damage your case. There are a number of appropriate responses that may be available. A responsive document could be a motion to dismiss, a motion to strike, a motion to make the complaint more definite and certain, an Answer, etc. You should make as many legal and appropriate challenges prior to filing an Answer as possible. Here are three sample motions to dismiss. They each are a bit different. Sample 3 considers the defense of lack of capacity. Motion to Dismiss Sample 1.doc Motion to Dismiss Sample 2.doc Motion to Dismiss Sample 3.doc

If an Answer must be filed, the Answer should have affirmative defenses. Here are two sample Answers. The second one is a bit more specific and also includes an affirmative defense that the note and mortgage instrument were bifurcated (separated) at the time of execution such that the note was unsecured from its inception. Sample Answer 1.doc Sample Answer 2.doc Filing an Answer isn't good enough, though. After you file your Answer, you have to serve the bank's attorney with discovery demands in order to begin obtaining the information you need to fight your case. Typically, you would serve a Request for Production of Documents first and when you get the response back, if it is fully responsive, you would then serve Interrogatories. When you get those back you should then have enough information to make a more narrow request for documents and further interrogatories and then send a second set (within the limits of the rules) or set a deposition to take oral testimony. Here are some samples.
Sample Request to Produce.doc Sample Notice of Service of Request for Production.doc Sample Interrogatories.doc Sample Notice of Service of Interrogatories.doc If the other side refuses to comply with your discovery requests, you should then set the matter for a hearing on a motion to compel. Here is a sample motion to compel. Sample Motion to Compel.doc

There are some other types of discovery that aren't specific to lawsuits that you can use even before litigation begins. You can demand debt verification under the Federal Fair Debt Collection Practices Act with this document: Sample debt verification letter.doc There is also the mystical Qualified Written Request (also known as a "QWR") that you probably have heard of. Here are two samples of a QWR: Sample Qualified Written Request 1.doc Sample Qualified Written Request 2.doc

Banks win on motions for summary judgment. These motions are relatively easy to win. All you have to do is provide some evidence that is in controversy that is material to the case. In this sample opposition to a motion for summary judgment, it attacks the motion from three different angles - a pending motion to dismiss has not yet been disposed of, discovery is outstanding, and the opposition includes an affidavit that the client saw the note in the court file and she contends it is a fake. Sample Opposition to Motion for Summary Judgment.doc

In many instances, homeowners are led to believe that the bank is working with them to avoid foreclosure by way of loan modification - all the while the bank is foreclosing on them. Loan modifications, for the most part, are a fraud. As of January, 2010, only 2% of HAMP funds have been used to modify loans. That means that both the government and the banks aren't honestly attempting to modify loans. So if you want to believe that you are one of the rare individuals who is actually going to get a loan modification, that's fine, believe it if it makes you feel better. But, don't drop your guard and stop fighting the foreclosure. If the bank tells you not to worry - that they won't foreclose on you or harm your rights while working with you to obtain a loan modification, ask them to put that in writing. They won't. So if you fall for it, you will get a judgment against you. Setting aside a judgment is tough. Each case is different and is highly fact dependent. Here is one case I recently was able to get set aside, but only because the client was on the ball and had filed some documents that technically prevented a judgment against him. Sample Motion to Set Aside Judgment.doc Sample Affidavit to Set Aside Judgment.doc Sample Order on Motion to Set Aside Judgment.doc Contact me if you would like to discuss my preparation of your documents for you which can save you considerable sums of money.

There are different types of "audits" that can be done on your mortgage loan. One more familiar type is called a "TILA" (from Truth In Lending Act). But, you have to act timely under that act as your rights evaporate quickly. If you sue within one year of obtaining your loan you can sue for damages. If you wait more than one year, you lose the right to claim damages. If you sue more than three years out, you're done - you lose - the statute of limits ran. Some people argue that the statute can be tolled for fraud. Good luck with that argument. Here is a federal suit I filed for rescission on a TILA violation. Hixson Filed Federal Complaint.pdf Exhibits to Complaint.pdf If you pursue a TILA lawsuit, make sure your rescission letter is appropriate. A copy of the rescission letter is in the exhibits to the Hixson complaint.

Here is an Appeal to the Fifth District Court of Appeals I wrote to challenge the grant of final summary judgment of foreclosure by Deutsche Bank on an unendorsed note that was made payable to First Franklin Bank. The concept is that if a note is made payable to a specifically identified person who is not the Plaintiff or the principal of the Plaintiff, that foreclosure then is improper. This is a good place to learn the specifics of this one issue. 09.4035.ini.pdf.pdf
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t

Once again, Anh continues her assault on the Forum  by increasing the tempo of her SPAM postings on behalf of corrupt and incompetent Florida foreclosure defense lawyers.

 

Anh is going to come to regret her dishonest and unethical behavior!

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Ann

ka and t,
You do not own the forum. You are only guests on this forum like everyone else. Stop being the dictators . Stop dictate your rules.

I do not attack forum participants. You and t threat to take away my home, to harm me and my family and stalking me ; because my point of view for foreclosure defense is different from yours while I respected your point of view. Therefore I have to reported your threats and stalking charges against you to the FBI, District Attorney and the Police for the safety of me and my family, my young children,my  young extended family members who are living in my house.

Forum participants are complaining of your agressive behaviors.

Below is a post by Unregistered2 today March 19 on the thread "A Free House - Is it possible".

quote

Unregistered2
Today at 03:07 AMReply with quote#23

ka,

I didn't hijack this thread. As a matter of fact, I asked a question about something YOU wrote in this thread.

It is a shame that you have chosen to be hateful and rude so often on this forum.

The owner of this site did not put up this forum for spreading the kind of arrogance and hate that is being spewed here. He does not work night and day to post helpful information just to have rude people chase away homeowners trying to educate themselves about mortgage servicing fraud. What a shame it has turned out like this.
Unquote

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Mark

Quote:

ka and t,
You do not own the forum. You are only guests on this forum like everyone else. Stop being the dictators . Stop dictate your rules.

I do not attack forum participants. You and t threat to take away my home, to harm me and my family and stalking me ; because my point of view for foreclosure defense is different from yours while I respected your point of view. Therefore I have to reported your threats and stalking charges against you to the FBI, District Attorney and the Police for the safety of me and my family, my children.

Forum participants are complaining of your agressive behaviors.

Below is a post by Unregistered2 today March 19 on the thread "A Free House - Is it possible".

quote

Unregistered2
Today at 03:07 AMReply with quote#23

ka,

I didn't hijack this thread. As a matter of fact, I asked a question about something YOU wrote in this thread.

It is a shame that you have chosen to be hateful and rude so often on this forum.

The owner of this site did not put up this forum for spreading the kind of arrogance and hate that is being spewed here. He does not work night and day to post helpful information just to have rude people chase away homeowners trying to educate themselves about mortgage servicing fraud. What a shame it has turned out like this.
Unquote

 

Definitely one post too many. It is very clear that you are a deranged person and that you are merely trying to provoke ka and t.

 

Each additional post is further proof that you are simply spamming the Forum as t and ka have pointed out.

 

If you actually really called the police, they may be knocking on your door in the morning!  No one is stalking you, but your posts do seem to meet the statutory definition of cyber crime in the jurisdiction where the Forum is hosted!

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