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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fight for your rights
After a long break, the bank served a motion for summary judgement. I have 10 Days to respond, along with over a 1000 papers to look over at the same time (responses from request for production we sent over 2 years ago. Bank is on the ball, eh?).

Scrambling we are, needless to say. Talk about an ambush!

Anybody winning summary judgements out there, and beyond that too? Or are the big banks winning them all?

I am out of touch and need a fast crash course in winning case law if I am going to pull this off.

Anybody know of some great case law that will help me out? Preferably Appelate cases?

Any advice on what motions to file, and what strategies are currently working would be much appreciated.

Tick, tock!


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texas
If it's opposition to a Summary Judgment, would highly recommend a concentration to show a genuine issue of fact exist, [prove all applicable laws were not complied with], thus would have to consider if the alternate means to collect value that the Note represents is valid and enforceable or has the alternate means to collect not available to whit admissible foundation laid evidence to support that the alternate means {foreclosure} is not available, it is not a foreclosure it is an action to defend the attempt theft of real property, maybe consider the term foreclosure is an admission to an obligation secured, but attempted theft would be more appropriate for a security not valid and enforceable.
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JJ
fight for your rights, there may be a number of cases we could cite (or none) that would prove helpful, but without knowing the facts of your case, we would all just be guessing.  As Texas stated, in order to defeat a summary judgment, you need to show that a genuine issue of material fact exists.

Look at the evidence submitted by the bank to support their motion for summary judgment.  Is the affidavit submitted based on personal knowledge?  Below are a couple of links to threads within this forum which may prove useful.

http://ssgoldstar.discussioncommunity.com/post/a-note-about-summary-judgment-evidence-2763666

http://ssgoldstar.discussioncommunity.com/post/personal-knowledge-hearsay-conclusory-averments-and-the-best-evidence-rule-4903945
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