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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   In Florida, it is written into law that the plaintiff
must include a copy of the Note, mortgage and the
assignments with the initial complaint . Very few
Judges enforce this requirement even when motions
to dismiss are filed citing this requirement. What
often happens is that the lawyer for the defendant
asks the defendant for his or her copies, and then
supplies them under the table to the plaintiff's at-
torney who miraculously comes up with them at
the motion hearing! (a professional courtesy I sup-
pose) As a paralegal, I have seen this happen alot.
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O -

Thanks, How can we find this information.

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Answer: Florida Rules of Court, Supreme Court
            approved form #1.944 and Fl. Rule of
            Civil procedure 1.130 (a) also see
            Trawicks Florida Practice and Procedure
            Real Property Actions Lein foreclosure
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O -

Thanks! Mike. We have more then one Mike here just so you know.

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Hmmm

My head is spinning with the legal ramifications.

I am wondering how the Florida lawyers lost the MERS case.

Let's get busy checking this out.

I wonder if NYE has info on this Fla law?  Decisions using this law?
Precedent Cases to cite?

Amendments to this law written subsequently?

What loopholes?

Thanks Mike.

Dee


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Nye Lavalle
We have known this for years and the MERS cases were NOT lost. They were very NARROW decisions. The acts of fraud pleadings. lost notes, false affidavits is all coming to a VERY big head with several lawyers.

Judges too have to be educated and willing to listen. The bottom line for many of you though is that pro se litigants are not listened to or fall on other procedural issues. That's why we are training lawyers in many states to deal with and having people with experience and knowledge come in pro hac vice with local counsel to defend and prosecute.

Complaints to Bar and judges on FLA lawyers have been made and more to come... Been on this for a decade as noted by Judge Gordon's sua sponte hearing transcripts. However, still need competent counsel to get the legal point across.
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srsd

Hey Nye,  Is there some actual prosecution that is going on now?

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Nye Lavalle
Many, April Charney in Jax gets many dismissals since judges there are onto the scam
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srsd

Does any of this mess include the title companies or are they a separate issue?

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Hey Nye,

Refer a Knoxville, TN lawyer, please.  I haven't been able to find one that is trained.

Sure could use some assistance.

Bob
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Nye Lavalle
Sorry,

Only GA,NY, FLA, MD, DC, PA, NV, CA, NJ, AL, WV, OH, CO, IL, NC for now...
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Nye Lavalle
Claims for title insurance and title companies and their subs being brought in as we speak
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Everyone assessing the Florida MERS appellate cases, needs to bear in mind that, on appeal, the appellate court tends to decide issues of LAW based upon the underlying trial court record.

THE MERS cases that went up on appeal were dismissals sua sponte by brave and observant Florida District Court judges who had noted a discernible pattern of misrepresentations and misconduct by various lawyers representing MERS.

But in most instances, the defendants in these judicial foreclosure cases had NOT established the requisite trial court record to support an appeal or prevail on appeal.  When a plaintiff such as MERS presents documents, even false or forged documents in a court proceeding as evidence, those documents can be and ARE taken as FACT by the court until their falsity is demonstrated in court by evidence.

In the Florida MERS cases, those defendants who were well represented and had particularly compelling cases SETTLED during the appeal.  MERS went forward on the appeal against those NOT well represented with the WEAKEST cases.  And MERS seems to have relied upon FALSE EVIDENCE presented in the trial court in support of their claims, which evidence seems to have gone UNREFUTED in the lower courts.  Ergo, this FALSE information was taken as FACT on appeal.  This i readily apparent from simply reading the appellate opinions.

In one of the appeals, NO APPELLEE BRIEF WAS FILED.  MERS showed up with the very best lawyers they could find, and with industry heavyweights in support.  MERS then argued its appeal based upon these false allegations which were takens as FACT.  The Appellee's didn't show up in one instance.  The outcome can hardly therefore be thought of as surprising.  

There is an old adage:  "Bad cases make bad law".

The LESSON to those litigating with MERS OUGHT TO BE to build a solid case at the trial level, THROUGH DISCOVERY, and to DEMONSTRATE IN COURT when MERS comes into court making FALSE ALLEGATIONS.

Some really sharp class action lawyers COULD make a mint off of MERS, but to date, from everything I have seen, the lawyers that have tried seem not to really "GET IT" and seem to be pursuing rather absurd and arcane theories.  I believe that there ARE a couple of compelling and valid theories that ultimately probably WILL WIN.  And when some sharp class action lawyers wake up and smell the coffee, they will be rich and MERS will be completely out of buisness!  Ironically, that is a shame because the idea of an electronic registration system is NOT a bad one.  But this idea has been totally hijacked and corrupted by those who have decided to use this as a vehicle to not only deny defendants their basic rights, but as a means of syndicating wholesale and widespread fraud through the filing of KNOWN false averments and the production of false affidavits and forged documents!
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srsd
Nye, Please keep us posted on the Title Companies role in this......I have proof of a really big screw up and it has caused us major problems.


Thank You Nye.....If I can ever help in anyway please let me know.
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Thanks for the clarification on the MERS cases.

It somehow got stuck in my mind that all the cases were lost, not settled during appeal and the other reasons.

Nobody should be all that surprised that some of the founders of MERS
would turn it into fraud heaven.

I'll go read that again this weekend.

The MERS subject gets me fired up as they use it to avoid paying their
county court filing fees, get out of paying to take care of the upkeep on their foreclosures and force taxpayers to do it for them.

False evidence and forged documents. it all comes together under MERS
as they conceal who owns the mortgage.

There is no good to come from MERS although I admit there could have been some things are beter done electronically.  But not without oversight and enforcement.  Nobody in this industry can be trusted.

Dee
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srsd

MERs sounds like the name of a strange disease....He has the "MERS".

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A Friend
srsd wrote:

MERs sounds like the name of a strange disease....He has the "MERS".


Mortgage Electronic Registration Systems, Inc.
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srsd

I know but I like the "MERs" better.....still sounds like a disease...I guess that is the nurse in me

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