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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
MSFraud Admin
[U]Judge Drops Borrower's Mortgage; Feeds $460k Sandwich to Lying Lender[/B]

by JerichoJ8


Sat Oct 24, 2009 at 05:15:36 PM PDT

For years, the banks and mortgage lenders have been running rough shod over borrowers, and recently their greed has exceeded decency(foreclosing on paid up houses, refusing to renegotiate terms) to the point that Bankruptcy Court Judges are calling them on the very details the banks used to slit the borrower's throat.

The banks have lost the paperwork showing they actually own the mortgage. The fact is, no one knows who owns the mortgages. So, when one family fought for the option of renegotiating their mortgage, they got more than they bargained for: a house free of its mortgage.

One surprising smackdown occurred on Oct. 9 in federal bankruptcy court in the Southern District of New York. Ruling that a lender, PHH Mortgage, hadn’t proved its claim to a delinquent borrower’s home in White Plains, Judge Robert D. Drain wiped out a $461,263 mortgage debt on the property. That’s right: the mortgage debt disappeared, via a court order.

Judge Drain...something poetic about that name...

JerichoJ8's diary :: ::
You see, people have been begging to renegotiate their mortgages and the banks have refused. Hell, the banks can't even keep track of payments, and they've been gouging borrowers with outrageous fees and interest charges.

Mr. Shaev’s questions about ownership also led to an admission by PHH that, along the way, it had levied an improper $450 foreclosure fee on the borrower and had overcharged interest by an unstated amount.

This bank decided to manufacture the paperwork after they realized they didn't have it. Joke.

Another problem was that the document showed the note was assigned on March 26, 2009, well after the bankruptcy had been filed.

And for those of you who say it's wrong for people to get away with not paying their mortgage, I agree and disagree. I agree the banks have failed to protect us and their investors from themselves. I disagree that someone should shovel their mortgage payments into a company that has no authority to give them a clear title once the mortgage is paid. Homeowners could end up paying off a 30 year loan to the wrong entity and end up homeless. The banks are trying to hide behind a precedent of a previously accepted "standard operating procedure" of poor paperwork.

Judge Drain rejected that argument, concluding that what had been presented to the court just did not add up. "I think that I have a more than 50 percent doubt that if the debtor paid this claim, it would be paying the wrong person," he said. "That’s the problem. And that’s because the claimant has not shown an assignment of a mortgage."

The lender has one last chance to win this, but, it's not looking so hot...

Late last week, PHH appealed the judge’s ruling. But Mr. DiCaro and PHH are in something of a bind. Either they will return to court with a clear claim on the property — including all the transfers and sales that are necessary in the securitization process — or they won’t be able to produce that documentation. If they do produce it, they will then have to explain why they didn’t produce it before.

Produce the Note. Show me the Note. Not another dime to someone who can't clear my title if I pay them.

URL=http://www.dailykos.com/storyonly/2009/10/24/796793/-Judge-Drops-Borrowers-Mortgage;-Feeds-$460k-FU-Sandwich-to-Lying-Lender]Source[/URL]

Quote 0 0
Eat the big sandwich

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF NEW YORK

_________________________________________

IN RE: OLGA D. PARADES,

CASE NO. 09-22261 RDD

Debtor. Chapter 13

_________________________________________

ORDER EXPUNGING PROOF OF CLAIM OF PHH MORTGAGE CORP.

The above debtor, Olga D. Paredes (the “Debtor”) having filed a Motion to

Expunge the Proof of Claim filed by PHH Mortgage Corp. (“PHH”), Claim #4,

dated March 31, 2009; and PHH having objected to the requested relief; and

the Court having held a hearing on the Motion on September 29, 2009, at

which David B. Shaev, Esq. appeared on behalf of the Debtor and Shapiro &

DiCaro, LLP appeared on behalf of PHH; and upon the record of the hearing

and all of the pleadings filed herein; and, after due deliberation, the Court

having determined, for the reasons stated by it on the record of the hearing,

that the Debtor has rebutted the presumptive validity of Claim #4 and PHH has

not thereafter sustained its burden with respect to such claim, it is hereby

ORDERED that Debtor’s Motion to Expunge Proof of Claim #4 of PHH is

granted, and Claim #4 is expunged; and it is further

ORDERED that the Claims Register in this case will reflect that Claim #4

has been disallowed and expunged.

DATED: White Plains, New York

October 9, 2009

/s/Robert D. Drain______________

HONORABLE ROBERT D. DRAIN

U.S. BANKRUPTCY JUDGE

Quote 0 0
4 Justice Now
Great! It looks as though there may be some justice after all. Thank for the post! I'd like to see more of these judges, then the lenders/servicers just might start acting in a lawful manner for once.

V/r,

4J
Quote 0 0
Write a reply...