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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FlaProSe

Judy v. MSMC VENTURE, LLC., Fla: Dist. Court of Appeals, 2nd Dist. 2012

Although MSMC argues that it provided the Judys with proper notice of default, the notices failed to specify the breach. Instead, the notices generally alleged that the Judys committed a breach. And failure to specify the default as required by the mortgage terms requires reversal because MSMC did not meet its burden in refuting the Judys' affirmative defense of insufficient notice of default. See generally Konsulian, 61 So. 3d at 1285 (reversing final summary judgment where the bank "did not refute Konsulian's defenses nor did it establish that Konsulian's defenses were legally insufficient"). Accordingly, we reverse and remand for further proceedings.

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