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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Question? I was foreclosed in Va. last June. The bank bought it back under the hammer! Myself & 2 friends were at the auction! I was offered...$500. to leave. I told the REO man to F'off! I was told to leave,I never did. I sent a QWR, & documented evidence they committed fraud. I guess that "froze" them. I never got a UD. Now a yr. later, they have advertised my house AGAIN for foreclosure, when in FACT it was bought back by the bank last June. Bizarre, odd? I have all the notices? What can I do?  Are they so screwed up they foreclose twice in the same year on the same house ? How can that be LEGAL? How do they foreclose on the same house when they already did a year earlier? Is this a CASE or what? Please tell me what to. Thanks..M Turner
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arkygirl
What bizarre pleas for "legal advice and opinions" we are getting here today.

You know that we are not lawyers here, right? We can offer only layman's opinions.

Of course the bank can foreclose as many times as it wants to. Perhaps they are gaming the HAMP program by recycling already foreclosed homes for a second or third time? Did the bank perhaps re-sell the home only to have the new buyers default, triggering another foreclosure?

It does not appear that you have any vested interest in the home anymore so I doubt you have a "case". If you suspect wrongdoing on the bank's part, report it to the proper authorities. You don't mention the bank's name so you will have to search out the agency that you need to report your suspicions to.

Do I think the banks are "dumb" or "screwed up"? No, not really; they have things just the way they want them.

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Not sure you understoood what I said, or maybe I said it in a confusing way. Bank was JPMorgan Chase..Please bear with me as this is confusing..
(1) they foreclosed last year
(2) house went under the "hammer"
(3) they said at auction..."no bids, Banks buy it for..$XXX.
(4)  I never leave house! REO man offers me $500. to get out. I tell him to get lost!
(5) I send, QWR & evidence of fraud, bait & switch etc.
(6) Now tey come back 10 mos. later with new forecloseure papers and a new sale date.
(7) wait a minute, they already sold it once under the "hammer' to themselves.
(8) now they "auction" again, as I have never left, and I have a "claim" on it.
(9) no they are DUMB, they should of done a UD to get me out.
(10) now I can get another atty.,send another QWR and stay another year free.
P.S. I now one person in a house in Del. for 8 yrs. by filing a "Omnibus" Motion. Never seen it mentioned here or on Garfields site.

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M. Turner,

Omnibus Motion has been mentioned on this site a few times. We all asked if it has worked, as well as a sample of it.

If you could give us some detail in reference to this Omnbius Motion, it would be greatly appreciated.

I am sure that we "All" would like to hear about it and learn more about it.

It seems that you are new to this site. You may want to stay here and get to know everyone so you can learn more as well. Keep in mind that "One hand washes the other."

Thanks in advance.

cmc
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    I have looked at the "omnibus motion" and it is very difficult to understand. The gist of it is that securitization of the Note changed
the mortgage contract by elliminating the possibility of a "modification"
of the "Note".
    Normally, one can modify a Note if both parties agree. This possibility
is part of the Note contract. Securitization elliminates the possibility of
any "modification" because it separates the party who would suffer the
loss (the certificate holders) from the party who could modify it (the servicer).
     This is the reason so few Notes ever get modified, the servicers do not
own the Note, so they have no standing to modify it. The certificate holders
are the true owners of the Note, but no one certificate holder owns any
specific Note, so they can't modify the Note either. What this means is that
the only remedy for default on the Note is foreclosure.
     In the old days, when your local bank held and owned both the Note
and mortgage, it was possible for a loan officer to modify the Note if you
got into trouble, and let you stay until the crisis was over. Today, that is
no longer possible with securitization. This breaches the contract, and Kessler says it makes the mortgage unenforcible.
     My opinion is this: it would be very difficult to win this argument for
a pro se because it is too complicated. An attorney might be able to use
some of it in certain cases but not in every case. My advice is get Niel
Garfields pro se book, it covers the same ground but is much easier to under
stand and its cheaper too! Sorry Mr. Kessler, you charge too much and you
need to simplify, ie follow the KISS formula, KEEP IT SHORT AND SIMPLE!
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Mike H.

Thanks for that info on the "omnibus"...

Sounds like just snake oil...

I guess, I just expected more from Kessler...

Have you guys (& gals) seen the TRO he filed against the Florida judges?

I have been contemplating copying and filing it my own district... But kind of hate to p!ss off all of the judges before they have a chance to rule on my cases...

Should the ruling "go south", then I'll file it here in a New York minute...

Well on the second thought... Maybe I'll file it just ahead of my case to keep "his honor" on his best behavior... What do all of you think?



Frankly, I believe that the real place to fight the foreclosure cases is in appellate court and possibly as a part of BK proceedings (according to Garfield & the latest BK case law & opinions), unless the lender just rolls over... This is my plan B

For my plan A, I have an "interesting" crazy situation and my lawyer is willing to file a multi-million dollar suit against originating lender (originating & servicing nightmare) & all of their cohorts, based on contingency...

He is experienced with this type of cases & he is very confident about prevailing. 

While he goes the "court route", I will be promoting my case in the media, unless the bank quickly settles.

In my opinion, I believe that if I put enough fire under their kulos, I will get a desired result...

More to come later in the future on my case against M & I Bank FSB... By the way, is there anyone else here battling these bastards?



Back to the "omnibus", I talked with Kessler about 2 weeks ago and he said he was planning a major class action suit against the government regulators and all of the banks (if I remember it correctly)...

He seemed like a very nice & knowledgeable man with a passion for the cause... This is why I am disappointed in the route the "omnibus" seems to take...

But you can never know too many tricks so.... if anyone out there is having any more feedback on it, we'd love to hear from you... the good, the bad & the ugly...


 Happily at war with my lender since December '08...

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Sara
You might want to look at your county's tax notices and see who paid the taxes on this property during the past year.  That will give you a clue.

Each state has different foreclosure laws.  You need to become familiar with all the legalities and loopholes for your state.

If you were at the original auction, why didn't you bid?

S
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Robin Hood,

I helped a person who owns a hotel, in Wisconsin, go after M&I, who accepted our offer to lower the principal from 1.3m to 800k, and he was able to keep the business.

My own personal case on our home...we sent discovery requests, interrogatories, and request for production to admit, all just last week...I received a UPS package yesterday, and Deutsche Bank National Trust Company, has now withdrawn their request for Summary Judgement, and cancelled the hearing scheduled for this Thurs(thanks Ann!)

Stick with everybody...I have decided to start a group meeting, to start educating people, in Wisconsin...as the Lawyers all want 10k to get started on something they are, not super confident, or maybe competent is more appropriate.

2 years going strong and, I am winning!

Tom
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TO ..."S"...."If you were at the original auction, why didn't you bid?"  What a stupid question!  I think you need to do some MORE reading about this mortgage crisis! 98% of all foreclosure are due to loss of job, or health related issues. You ..got...$850K lying around to bid on it?
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M. Turner,

  I think you need to apologize to Sara...

  We are all just a bunch of regular folks trying to help each other...

  Calling her question"stupid" is totally out of line...

  FYI: Sara, is one of the smarter family members here and if you didn't like her question, you should state that with respect...

   Not one of us has disrespected your "peculiar" situation yet...

   So, if you really want to learn from anyone here, the name of the game is first and foremost:

RESPECT


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Robin Hood,

I couldn't agree with you more...............
That was uncalled for. I had a feeling that M. Turner was new to this forum. Otherwise that kind of response wouldn't have happened.

I think that M. Turner does owe Sara an apology.

cmc
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Margaret
Wow!!

Come here asking for advice & then act like you know it all. If you know it all why are you asking for help?

I agree we are not attorneys, just normal people who do a lot of research; however I would say many of the members here might know more than some of the attorneys I have spoke with...LOL

Play nice in the sand box ....
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Yes, I do apologize to Sara and to the forum. I guess the "frustration" with all this plus having spent thousands of dollars on "useless" attys. only to have them take my money and not perform has frustrated me to a point. And I am not the only one from Garfield's who has been taken advantage of by these "scum".  There are numerous stories there of people paying and not getting any defense even filed. I will report each and every one to the BAR ETHICS COMMITTEE. I will not let this go on. Who ever heard of 2 foreclosures in 10 months on the same property when it already was in REO and the owner, I, never left. Just proves the incompetents... should of issued a UD, not another auction!
I will SUE BIGTIME NOW! And, yes the Omnibus Motion will WIN! Wait & See!

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Margaret
I believe most of us our frustrated, so you are not alone.

Unfortunately, foreclosures are big business, so it brings out all types. I was very cautious in picking an attorney & it was very difficult for me to put my trust into him, as I too have had bad attorneys in the past. I even told my attorney he is like the golden nugget in a kettle of coal. If I was not on this forum I would never have found him. I feel if he can't save me, no one can.

Some other lessons I have learned is to keep your attorney informed. When I first retained my attorney, I sent him a envelope with several folder filled with information...in the hopes that it makes his work easier.

In your case, it sounds like the attorney took your money & did not file any papers for you. If that is the case you might have a case against him/her as well.

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Sara

M.Turner wrote:
TO ..."S"...."If you were at the original auction, why didn't you bid?"  What a stupid question!  I think you need to do some MORE reading about this mortgage crisis! 98% of all foreclosure are due to loss of job, or health related issues. You ..got...$850K lying around to bid on it?


I happened to meet a gal (on Livinglies) from my own state.  She was so desperate to save her own home.  In our state, there is no redemption period so, the auction is the final step before being evicted.  Well, she wasn't about to let her home go back to the bank for such a small amount of money and be stuck with a huge judgement!  So, she started bidding it up not thinking she didn't have the money... And yes she won...  She and the judge had a few words when she couldn't pay the amount due at the auction and he charged her with contempt of court.

So, she goes to the courtdate for her contempt of court charges and is found guilty.  Her fine is to pay the advertising fees...$400!!!

She has been following along and submitting all the paperwork as many of us have done.  She just found a way to stay in her home in the meantime.  This happened a year and a half ago and her home hasn't gone up for auction since.

S



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OMNIBUS MOTION
The Omnibus Motion to Dismiss are 3 pages . The Memorandum of Points and Authorities in Support of the Motion to Dismiss is 25 pages. It is an excellent Motion and in the hand of an experience attorney or knowlegeable pro-se , it could be a winning weapon. The Motion to Dismiss summarizes all available known affirmative defenses. The Memorandum of Points cites more than 100 cases laws and law facts to support the Motion to Dismiss.  It will make it difficult to Bank attorneys to defend themselves against these lawful arguments and Judges to deny the Motion to Dismiss. If bias Judge still not dismiss the foreclosure lawsuit, this Motion argument will be very strong in Appeal Court.  I think the Judge would take the safe option to dismiss the lawsuit without prejudice and let the banks refile the lawsuit if they can find a way to argue against these lawful defenses in the future

The same arguments in the Motion to Dismiss and the Memorandum of Points can be used to write Motion to Oppose Summary Judgment; Motion to Oppose Final Judgment or Motion to Oppose the Sale if the case is already so far in the proceedings. It can also be used to file bank lawsuit or Appeal pleadings.

In my opinion, the Omnibus Motion to Dismiss is worth its price considering the case laws alone. Those who has attorney will see that the lawyer typically charges 2 to 3 hours legal fee at $250 -$500 an hour for a simple Motion to Dismiss or an Answer to foreclosure summons.  Don't forget to go to the Hearing with a Court Reporter (costs about $150) to show you're serious to head to Appeal Court with writing documents from Court Reporter.
Appeal Court won't hear your case without written certified hearing proceeding.
In my recent court file research, I observe that Foreclosure pleadings from prominent attorneys are getting long and complicated somewhere from 20 to 30 pages. The latest April Charney pleading I found is 25 pages. I guess the more defenses Homeowner raise, the more difficult for the bank to defend and more difficult for the Judge to give unfair judgment as each arguments must be defended by the Bank and  judment will be justified in the Appeal Court. Just my 2 cents
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Ann,

Is there an example somewhere. Or maybe you can let us know what state and county it was filed in so we can get a copy? And even follow this motion.

cmc
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