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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if a case is active and the court has not awarded the plaintiff with a writ of possession,  can the plaintiff or its agent contact utility companies to determine whether there is or isn't  "active service on this property" ..
 
I would think not -
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William A. Roper, Jr.
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Bill said:
if a case is active and the court has not awarded the plaintiff with a writ of possession,  can the plaintiff or its agent contact utility companies to determine whether there is or isn't  "active service on this property" ..
 
I would think not -


Bill:

If you carefully check the covenants of your alleged mortgage, deed of trust and/or other mortgage security instrument, you are very likely to find some provisions relating to protection of the property and possibly abandonment of the property by the borrower.

A mortgage investor has a valid interest in protection of the property against fire hazards and other perils.  For example, where water is left ON in an abandoned house and doesn't run AT ALL, the chances of pipes freezing can be very high in winter once an owner abandons and stops heating the structure.

Similarly, there is a minor, but perceptible risk associated with leaving electricity ON in an abandoned structure.  Even IF the direct risk of electricity causing fire seems remote, presence of electricity can make the property more attractive to vandals, vagrants or drug users, etc.

Having gas service on in an abandoned structure is a particular fire risk.  In an occupied structure, gas accumulation due to a burned out pilot flame is more likely to be noticed and regular ventilation of the property would be more likely to dissipate a slow gas buildup.

CHECK THE COVENANTS.  You may be assured that whatever they actually SAY that the servicer will take liberties well BEYOND what is permitted.  Law enforcement offficials will usually treat these excesses as a civil matter and the crooks just get away with it.

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I wouldn't get my blood overly in a boil about this.  You are likely to get little sympathy from the court.  Save your energy for more substative issues.

Of course, you could TWEAK the plaintiff by asking them an interrogatory about their contacts with your utilities or creditors, etc.  I wouldn't WASTE an interrogatory on this where interrogatory counts are limited, particularly where there is a single defendant.  But it gives them another opportunity to lie about something.
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George Burns
As far as I know, anyone can call any utility company  and find out if a particular property has service, active or otherwise. The only protected info would be personal and account details.

What is the relevant to a mortgage dispute???
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Loan contracts often include a clause for immediate possession to secure their interest based on abandonment. It by-passes the judicial foreclosure process. Winterizing is a process used legitimately to protect the property from break-ins, vagrants, freezing pipes etc, but used illegally to gain immediate possession when the homeowner leave the home for work or store or out of town thugs are hired to change the locks or worse yet actually vandalize the property as an excuse to gain immediate possession and secure their interests. Proving there is no one paying utilities could be used to prove abandonment.
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Ginger
I am very curious about these disturbing acts of breaking into someone's home. Is this being done only in title theory states?

In title theory states, the (alleged) lender has legal title to the mortgaged property and the borrower has equitable title. In lien theory states, legal title of mortgaged property is held by the mortgagor (borrower), with the mortgage as a lien against the property.

Does having legal title to the property allow the (alleged) lender to change the locks lawfully?


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