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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So here I am 3 months from trial and wondering, "what next"? The banks motion for summary judgment was not even heard and the judge orders a trial. My attorney and I were in court on a motion to compel a bondholder’s committee and the trial was ordered. My attorney and the deputy were excited and believe this a good thing. I have lost confidence in the court system over this mortgage crisis and feel as if I need to be lucky and not right. We have overwhelming evidence that the plaintiff has no standing, besides the fact that this foreclosure was brought on by the banks miscalculation of escrow amounts. Eight or nine months into a escrow year they decided to change my payment without notification and by the time we realized the discrepancy it was to late to fix. Over $5000 in late fees and penalties and our payment had gone up $700 a month. These are of course there figures... The servicer agreed to modify and fix the problems with the escrow and before the paperwork was completed, (8 months) we were in foreclosure, the old, "don't worry, just sign the modification and everything will be ok". Well, when we were served the foreclosure paperwork, we retained a lawyer and have fought the bank all the way. They have no note, (lost note affidavit) no assignment, (docx assignment fabricated 13 months after filing, also notable the robo-signers Linda Green, Rita Knowles, Korell Harp) and in my opinion they have violated every truth in lending rule there is.

 

So I'm curious to know how the readers of this site feel about the atmosphere of our court rooms, with regard to my case and others like it. 

 
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anon

read the other postings dating back to over ten years ago and see how they feel.

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I have been reading the posts here for two years now, and I understand how everyone feels about the banks. My question is directly to a trial. Trials are public record and god knows they do not want there mess to be case law for another victim. From my understanding, a bank will try to avoid a trial like the plague. Also from my understanding, when faced with a trial they are real motivated to work beyond the usual bull**** modifications.
 
That's the opinion I'm picking for.
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arkygirl
JF. at one time I might have told you to put your head between your knees and prepare to kiss yourself goodbye.

If there is a judge in the U.S. that hasn't become aware of this fraud by now, that judge must have been in a cave for years.

There may be a few judges perusing their own property records this week, ya' think?

Now if those judges find that they have been MERS'd and Robo-signed away, they may not be too happy with what these banks are doing. A bunch of AGs are raising cain now to add to the fire. I think someone is going to make an example of a bank, MERS and some Robo-signeing fraud of a bank SOON.

Just guessing I'd say you are in better shape now than you would have been a month ago. I've railed for years about sorry do-nothing judges, but they may be a bit afraid to be too lackadaisical now. EVERYONE is watching them.

The bank may want to settle. If they do and you agree, you will be gagged. As much as I would like to see some solid wins, it really is every man for himself. Save yourself first.

Between you and me (shh, don't tell anybody) I feel that we have finally reached a tipping point and the whole mess is teetering on the brink of collapse. They can't cover it up anymore, investors are going to chew 'em up from one side and borrowers from the other. When those two groups meet in the middle **KAPOW**. It will be over.

I don't think it will be long now.

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Moose
This is not legal advice!!!

Something everyone needs to understand is that people who have been scammed out of their homes with these fraudulent document submissions cannot go back to the new owner of their former property and take it back. The courts won't undo those transactions unless you can somehow tie the buyer into the chain and in that situation, you're going to face the law firms for the title insurer who issued a policy on the deal.

Here's another facet of the problem - for the time being, selling your house to get out from under it might be impossible for a while. If your loan is with one of the predators no title insurer will issue a title insurance policy for the buyer.

There are so many perpetrators to point fingers at in this mess that you have to know it's going to be swept under the rug yet again.

Moose








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William A. Roper, Jr.
JF:

You need to think about your case within the context of the new paradigm associated with the foreclosure fraud meltdown.

At a regular trial, the plaintiff CANNOT simply use affidavit testimony, UNLESS you consent to this.  They will have to put on LIVE witnesses.

And WHERE WILL THE WITNESSES COME FROM?

Well, let's see.  I suppose that would be the Foreclosure Department at the servicer.  And these are the very same folks that brought you all of the robo-signing!  Now unlike a deposition, where YOU have to go to the deponent's location, which can be rather expensive and time consuming if the witness is out of state, the witness has to come to YOUR TRIAL.

Putting this differently, Mr. Jeffrey STEPHANS, or his equivalent at some other servicer, is COMING TO A COURTROOM at YOUR COURTHOUSE!

Now let us set aside for a moment the rather cataclysmic consequences of the foreclosure fraud meltdown itself.  And let us simply imagine that Mr. STEPHANS appeared in person.  Using the publicly disclosed depostion as a guide, you get to ask him a lot of questions UNDER OATH in front of a judge!

Moreover, if you simply READ the other published depositions which are now floating around, you will find a few more excellent and incriminating questions.

Now as to someone such as Mr. STEPHANS himself, you can fairly well now rely on the fact (a) that he has consulted a personal lawyer, who has advised him that he may be subject to criminal prosecution for past misdeeds, and (b) you may be equally assured that the servicer would NEVER again present him voluntarily as a witness for ANYTHING.  IF he showed up, he might plead the 5th Amendment to many questions, which is hardly going to prove particularly persuasive to a judge.  While pleading the 5th Amendment cannot be held against someone in a criminal trial, it is hardly a basis which enhances the credibility of a witness!

*

So the servicer HAS TO SEND SOMEONE ELSE!  But WHO?

Everyone else working in that department is equally poisoned.  If you got ANY of the other existing assistants, witnesses or notaries on the stand, your lawyer surely ought to be able to exact enough admissions not only to decimate the plaintiff's case, but also to destroy countless other summary judgment proceedings where this same witness is testifying via perjured affidavit.

Uggh!  This is a real headache for the servicer.  In fact, it is a nightmare!

So they have to bring in someone NEW.  Of course, when questioned, this person is going to have a little difficulty showing their personal knowledge, their experience, etc.  For that matter, would you want to go to work for a servicer this week?

*

OK, now let us return to the climate at work pile up at the servicers.  Several of the firms are now already suspending foreclosures and are "investigating".  They say that they are going to replace the defective affidavits.  But this doesn't help them past the forged assignments, the other fabricated documents, etc.

Now think about the volume problems described by either Mr. STEPHANS or by Tammie Lou or the David STERN Law Office (FL).  If an affiant is now cranking out 10,000 documents per month, how are they going to find the time to come and testify at YOUR trial?

And that was 10,000 documents WITHOUT READING THEM!  What if the servicer tells the employees to actually READ the affidavits before they perjure themselves?  I suspect that this could result in a bit of a work slowdown, even with increased staffing.

Now with the suspension of foreclosures, they are going to need (a) REPLACE the defective instruments presented to the court in ALL existing cases, (b) prepare and execute instruments that have accumulated during the suspension, (c) crank out the documents for NEW foreclosure cases, which were already INCREASING anyway!

So once the servicer's review their quality control procedures, there may very well be an accumulation of 100,000 or more documents to begin re-executing!  (See why they really NEEDED the DODD-REID Digital Robo-Signing Bill?)

*

But that is assuming a static environment.  There are several other dimensions which you are also neglecting.

First, in the past, MOST foreclosures were unopposed.  That meant that in the non-judicial foreclosure states that the plaintiff could very often obtain a default judgment with NO AFFIDAVIT at all.  (These were probably perjured and carried by the lawyer in his briefcase, just in case the judge asked.)

The number of opposed cases is going to EXPLODE.  That means increased workloads.

Next, most opposed cases never get past the plaintiff's motion for summary judgment.  But the servicers have no poisoned the well.  They have created not only so many issues that could get a case negatively decided and dismissed, they have probably made it almost impossible to obtain a summary judgment against anyone who is well represented.  Whoa!

That means that the number of cases that go to trial will EXPLODE, too.  And instead of taking 30 seconds an affidavit, the witness will have to FLY in to your location and be prepared to spend ALL day at trial.

But even before the explosion in trials, note that the admissions being obtained in depositions makes it rather obvious that the defendant needs to schedule more depositions.  And not simply depose the signers, but also the notaries and the managers.  Hmmnnn.

In fact, SO MANY employees will be giving depositions, that there will be very little time for robosigning.

And then there is the small matter of disciplinary actions and criminal prosecutions.  You haven't even seen that begin yet.  When everythign gets fully cranked up, ALL of the notaries will LOSE THEIR COMMISSIONS, and some folks will be criminally prosecuted.  So the documents will have to be executed by NEW EMPLOYEES, and these will be looking over their shoulders and gossiping about the last employee led away in handcuffs!

*

So the dynamics of your case have just changed really dramatically!   
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William A. Roper, Jr.

Hey Moose!  I have missed seeing your thoughtful, insightful posts on this message board!  Welcome back!!

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I found this interesting pretrial hearing transcript .

http://www.scribd.com/doc/36656206/Foreclosure-Pretrial-Hearing-Transcript

In Florida, the legal procedure to prepare and go to trial is very long, complicated and time consumming. If you pay your attorney by the hour, it would cost you a fortune and hope you have the best trial attorney.

An attorney told me that it is best to work out an acceptable settlement with the lender than risking to go to a bench trial where the sitting Judge might still paying his mortgage to decide your fate !!!

You may want to go to the Court House and watch couple of Foreclosure trials  to get a feel of it.
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So here we go...... The plaintiff, Duche bank, and JP more-fraud have filed for a motion to extend time. Can they do this when the judge orders a trial? Furthermore, what the hell do they need more time for? They have been sanctioned for failure to produce and have been denied MSJ. So I say bring it, win or loose I want to get this over with. They wanted my house so bad they purposely manipulated my payment, so come get it. They have had two and one half years to formulate there case and stop my life dead in it's tracks and frankly I'm ready for them to put up or shut up......... That said, this does not mean I'm not willing to fight till the day I die, but the foreplay is over. I want to sit in open court and talk about the fabricated assignment, the missing note and the deceptive practices. Lost note my ass, you can not lose something you never had. 

Remember this crap Mr. Banker, "oh there seems to be an accounting error with your escrow, don't worry we will fix it with a loan modification and don't make anymore payments and give us a couple of months to process it". Meanwhile your sneaky attorneys file foreclosure and use that as leverage to get me into a no win modification to reestablish my debt. I'm on to you guys.

Well I guess my first mistake is to think there is a banker anywhere in my situation. Everyone in my situation is ether a crooked servicer or a foreclosure mill attorney.
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Not a legal advice. Just a layment opinion

I think The Bank is asking for more time perhaps to better prepared themselves for the trial so they can win . Are you and your attorney are also preparing yourselves for the trial i.e gather documents, expert witness, evidences of bank fraud and numerrous other legal requirement for trial ? Hearsays evidence may not be admitted to Court at trial.

Will your trial be bench trial or Jury trial ? In the Bench trial you may face the same Judge you have so far or new Judge ?

If you want to testify yourself , remember that the Bank will have right to cross examine you (ask you questions)  and if you are  not careful, you can be tricked by Plaintiff attorney to say things that can be  used against you. Many attorneys don't want their clients testify.

In Florida, if you lost at Motion for Summary Judgement, you can file Motion for Rehearing or Motion for Reconsideration and various Motions to Object the Judgment and the Sale or Bankruptcy after exhausting all possible legal objection.

If you lost the trial, I believe the only way to save your house besides Bankruptcy is file an Appeal at Appeal Court .  Filing an Appeal will require more filing fees and more legal fees. Your lawyer must be familiar with Appeal Court procedures and Appeal Brief and his fees could be more expensive.

In some Florida County, many  Senior Judges bypass the Summary Judgment hearing and orders trial to save time. In the bench trial, the defendants often face the same Judge and how the Judgment handed is everyone guess. Bank will have to provide witnesses themselves so they may try to settle with the Defendants before the trial.

I would download the Rules of Civil Practices Procedures in your state, read the Trial Rules to know what are expected at trial. Then I would examine various options available to the Defendant. I believe many cases are settled before trial date.
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Stephen
Make damned sure it's a jury trial.  Never trust a judge.  There could be a backroom deal between the judge and the defendant attornies, they could be old college buddies.

Also, bank's attornies will try to delay as long as possible to try to take advantage of statute of limitations, loss of documents, and they will fabricate documents the night before the trial.

No matter how much evidence/proof you have, you can walk out of court completely destroyed.
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