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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stillinmyhome Show full post »

?1 what is your winning argument?

?2 what is their Bank B's winning argument?

?3 how is it that ur atty got this far and refuses to in the
minimum get a draw from the court?

i mean what is the reason that the court is sitting 'on it'?
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everybody banned
The site administrator has banned all of the seniors at this site and anyone who could offer meaningful assistance.  Only those who are scam artists and ripping off borrowers are now allowed to post.

Any thinking person now realizes that the site administrator is totally corrupt and in the pockets of the scam artists.  Why would anyone want to waste their time posting a thoughtful, responsible answer only to have it deleted so that the swindlers can take the borrower's last few dollars.

Even Moose realizes and is going to be banned.  Texas knows, but Texas continues to protect the site administrator rather than speaking out.
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?3 how is it that ur atty got this far and refuses to in the
minimum get a draw from the court?

When the motions for summary judgment and motion to dismiss were denied, this means that this case is going to trial.  It is quite possible that the defendant's attorney has never actually tried a case.  Trial preparation is labor intensive, especially for an attorney inexperienced in trial practice.  Real trial lawyers do not do foreclosure defense work, because tere is little money in it.  Foreclosure defense mill lawyers just take borrower's money and draw things out, but always abandon the case at the end, because they do not actually know how to try cases.

The defendant's attorney probably jacked up his minimum retainer to actually participate in the trial and the defendants are now faced with the quandry as to whether to throw good money after bad.  Trial preparation would be relatively easy, if the attorney knew what he was doing.  But since he doesn't actually know how to try a case, preparing will involve many hours of learning and preparation.

Most defendants can usually win their case and at least get a dismissal without prejudice on the first outing when a plaintiff has filed in reliance on an unindorsed note and post-commencement assignment if they simply follow Mr. Roper's posts.  Winning on the second outing is more problematic.

Most foreclosure defense attorneys are happy to take a borrowers' money, but unwilling to do any heavy lifting or real work.  If it appears that the actual effort is necessary, the attorney then just slaps the borrower with excessive charges and plans that the borrower will release the attorney rather than paying.  This way, the attorney doesn't have to quit.  Then the borrower shows up in court unprepared and unrepresented by counsel and the borrower almost immediately loses the case.

This is why it is always better to take the time to read and understand Mr. Roper's posts and to be aggresively involved in the management of one's own case.

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I doubt Moose will be banned.
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Texas has spoken out, just not here in this forum.
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! thank you for the clarification!

Texas ---- blah blah blah!

?isn't it an attorneys dream to argue a case and then win!  I mean WTF?
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give this info to your atty:


The Assignment Not Attached To The Complaint & Is Dated After The Complaint Was Filed

It is important to note here that judges like rulings from the appellate division that cover their circuit or other opinions from WITHIN their circuit (colleagues). Find those cases first and if you can’t and have to use other Florida cases, show the judge WHY they should rule the same. Remember you have 5 minutes to bring it home.

I’m going to use Deutsche Bank National Trust Company as Trustee for FFMLT 2006-3 as the Plaintiff and Marshall C. Watson as their counsel for this example.

Judge: We’re here on Defense Counsel’s Motion to Dismiss. Counsel please proceed.

Defense Counsel: Good morning Your Honor. This Motion is based on 3 points that warrant dismissal of this action (we will only focus on one – Standing)

1) Plaintiff lacks standing to bring this foreclosure action against my client (FACT/OPINION). The allegations in the complaint allege Plaintiff is the OWNER and HOLD of the NOTE that they seem to have apparently LOST (FACT) but have failed to identify, WHEN they became the OWNER and HOLDER of the Note (FACT) and HOW they became the OWNER and HOLDER of the Note (FACT), or the approximate date WHEN they allegedly lost the NOTE (FACT) and explaining HOW they allegedly lost it (FACT). They have attached a copy of a print out from court records AND NOT THEIR CLIENTS FILES of the Mortgage (FACT) which indicates First Franklin as the ORIGINAL Lender (FACT) and does not mention Plaintiff Deutsche Bank anywhere on THAT document (FACT). No NOTE or a CERTIFIED COPY of such nor has a LAWFUL and EQUITABLE ASSIGNMENT been ATTACHED to the Complaint (FACT) in support of their allegation that they are the OWNER and HOLDER of the NOTE (FACT).

STOP RIGHT HERE (EDITORS NOTE): First always state facts and not opinions. If you have to state an opinion it better be extremely persuasive and you need to have sufficient evidence to back it up. Second, if there was a Notice of Filing after the complaint was filed and you filed your Motion to Dismiss of the Assignment you want to say:

In an attempt to cloud the court’s judgment (OPINION), PLAINTIFFS COUNSEL has magically caused an Assignment to appear (FACT) which according to the date was CLEARLY drafted, executed and filed AFTER the filing of this action (FACT) where numerous case-law opinions throughout Florida PROHIBIT such Assignment filings warranting dismissal (FACT)!

STOP RIGHT HERE (EDITORS NOTE): You don’t want to come off as ...con't go to web site

2. find the thread started by "Bill" Hearsay - business records --- go to last part of Bills comment -- and pull up the Fatiggi transcript give it to your atty to read -- and then

give him all info from ka's response to Bill ---

hope this helps!/jl

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I find it interesting. Right now I am trying to come up with funds for my lawyer to continue. I am already behind.
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I just stumbled across this older post by one of Mike H.'s supporters and it made me laugh out loud:

Do not belief Texas!!!

Like Mike said, God created the Earth only 6,000 years ago. But Satan dispatch an alien space ship to Earth with advance radioactive technology in 1938 by lizard scout which has been use to falsley date artifacs which alien lizard-people scout from space planted in the soil to make people belief that God don't exist. Pres. Barak Osama is a lizard-person from outer space. That is why there is no birth certificate. Which is why Donald Trump he offered a reward for proof. Donald Trump try to protect us from lizard menace sent by Satan.

Nancy Pelosi is also a lizard-person. Also, Princess Diana was killd because she refuse to mate with the lizard!!! Also the lizard drug Elvis Presley to try to get him to sing the lizard songs and kill him when he wouldn't.

The lizard-people have also taken over the Federal Reserve Board and all of the major banks. Also, the lizard-people stole all of the promissory notes from the bank vaults and hid them on invisible space ships with advance cloak devices to create a collapse to blame on Pres. George Bush so that the lizard-people could put their own lizards in as president and in charge of all the banks.

This is proven, but the proof is not yet revealed. Mike H. will explain in future post.

The lizard-people are going to foreclose on every one's house to create large landing zones for the alien space fleet to land.

Then, the lizard-people will expose themself for who they really are and set Satan on his throne!

Only Mike H.'s death gamble defense can stop the foreclosure and save the world from takeover by lizard-people, who will herd, milk and slaughter humans like cattle! Your daughter could be being milked by a lizard! Do send Mike H. your money and he will give you a good death gamble defense to use to protect your house and stop the lizards!


See Post No. 13 on the 1st Page of this thread
I also liked Kevin's respponse:

Angel's post certainly seems to be one of the most cogent and persuasive articulations of the critical importance of using Mike H.'s death gamble foreclosure defense. As Angel points out, failure to send Mike your money could result in your daughters being milked by lizards. Only the most heartless of fathers would allow their daughters to suffer such a fate when it could be so easily and surely avoided by sending Mike your last few dollars. Also, it seems that the future of human existence is at stake.

No doubt Mike will supply us with further details after your check clears!

It is really amazing how many mentally disturbed people there are out there.   It seems that Mike H.'s wing nut theories appeal to the delusional and he can rely upon these people to troll message boards leaving supporting posts.

Clearly, we need to build some more mental institutions for people like Angel and more jails for people like Mike H.
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