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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dlunn1107
I'd been focusing all my efforts into proving the fraudulent, robostamped, bifurcated mortgage and note, assignments and endorsements when MERS was given the Mortgage as a Nominee for Access National Mortgage; the manufactured endorsements on the note are from Access National Mortgage to Countrywide Bank NA to Countrywide home loans to Countrywide Home Loans servicing to Hud (from BOA) and then an allonge from Hud to Kondaur Capital Corp Matawin Trust series 2013-3. 

Boa placed the mortgage in foreclosure 5/1/09, the first recorded assignment of mortgage is from MERS to Countrywide Home Loans Servicing, signed 5/5/09, recorded 11/06/09 with an attempted back-date effective as of 2/23/06 when the closing with Access National occurred. 

In 2008, 3 loan mod applications submitted to Countrywide Home Loans each with an application fee of $121 paid, and each loan mod turned down because I wasn't able to bring the loan current. 

At the foreclosure conf.  in  8/09, with BOA attorney, the Judge told us to work it out...loan mod app submitted to Boa's attorneys, received and acknowledgement and was never denied nor approved. 

2010 requested the independent foreclosure review of my foreclosure and received a $800 payment from BOA in 2013. 

From 2010 - Dec of 2012, my mortgage was a Limbo Loan. I guess Boa figured they wouldn't be able win the foreclosure case, so they instead went to the FHA and filed the claim for the PMI. This would include the unpaid principal, the interest from the default date of  1/1/08, the taxes and insurance on the home, the late fees tacked on by Countrywide and Boa, and all sorts of fees they dreamed up. 

So basically BOA received more money from the PMI than the house is worth. 

The FHA then takes the mortgage, bundles it with hundreds of other 'non-performing' mortgages and auctions them off to the highest bidder. 
BOA releases the pending foreclosure 8/13 and Capital Kondaur files lis pendens 11/25/13 (statue of limitations would have run out on 12/08/13, the day after my last mortgage payment)

Matawin Trust series 2012-3 purchased the bundle that includes my property, with a winning bid of 39.408% for the unpaid principal of each loan.  Kondaur Capital is the Trustee and servicer and they swear up and down that they own my mortgage, and that I owe them $83000 to bring the loan up to date and then another 18 years to pay it off, when they ACTUALLY paid $41,500 for the property. They were forced by the court to purchase homeowners insurance, and did, for $57,000. The house and property are currently appraised at $125,000.
 Upon investigation I've found that Matawin Trust is 'owned' by Tourmalet Advisors, Delaware, and who created this?? None other than Deutsche Bank Trust Company Delaware!!! 

They have purchased $2.2 BILLION  of the mortgages and have sold them to an offshore entity (obviously another subsidiary of DB) out of the Caymen Islands. However if you look in SEC.info, they are using rule 506, and investment company 3(c), 3c1 and 3c7 to only file a form D. Matawin Trust has sold $350m, $950M, etc to this offshore subsidiary. 

NOW I'm supposed to roll-over and let Kondaur Capital who is nothing more than a Trustee steal my home? Who are the investors in this Matawin Trust (f.k.a Pequot Capital Matawin Fund).  A description of this business is '...launched in 2008 to take advantage of the distressed housing market and the inefficiencies in  mortgage servicing.'

     BUT to prove this with evidence in court? I don't think I stand a snowball's chance in hell.  

I have in hand proof positive of the fraud, robostamps, notarization with no notary stamp, assigments created out of the air by kondaur as attorney-in-fact, months after the little charade between Boa, Hud and Kondaur occurred.  My answer to the summons and complaint with several affirmative defenses was responded to by their attorneys as 'based on hopes and dreams...' and that they are asking the court to strike my entire answer and to limit my appearance in court to a default judgment. 

The lovely attorneys sent to my home via first class mail and huge packet that included, 2 copies of all the paperwork already filed up to and including my answer to the summons and complaint. AND..get this...

a motion for default judgement, a very official looking document entitled 'default judgment granted' , an affidavit by an employee of the plaintiff, and an affirmation by the attorney stating that he has reviewed everything and that this case should be granted summary judgment because I raised no issues of fact in my answer. Yet, they included the POA granting the plaintiff the authority to create the assignment and allonge from HUD to Kondaur, so I guess I did have some issues of fact, huh. NONE of this 'new' documentation has the county clerks stamp so everything they sent me is crap. BUT on the same day that I received this documentation in the mail, they did file a motion with the court...BUT is it the same as the motion I received? who knows...they are playing dirty pool. 2 weeks later I did get a copy of a motion that had been recorded, BUT they only sent me page 1 of 4. 

My next step is to file a motion of opposition, a demand to produce the original note, (I'd place a bet of a million dollars right now that they do not have it), and re-state that the assignment from boa to Hud by Kondaur as attorney in fact is lacking the POA. I can reference cases that state that when the mortgage was given to MERS and by comparing the endorsements and the first assignment of mortgage prove without a doubt that the mortgage and note were bifurcated, and based on this, file a motion for dismissal..  
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