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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Anybody else have experience with this?  

I was scheduled for a hearing on my objection to servicer's proof of claim last month.  Local attorney for BANK requested a continuance to "request additional documentation" from his client.  Local attorney for BANK has not filed any new documentation.

My new hearing is a couple of days hence.

A new law firm a thousand miles away has just filed an appearance for BANK with a request to be added to the matrix, as well as that all pleadings, motions and documents be served upon it.   They are SH-ER-META, AD-AMS & V-ON ALL-MEN, P.C. if one removes the hyphens...

Is this normal?  Isn't one attorney for BANK enough?
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With sanctions looming, changing counsel midstream is getting to be even more commonplace now that more judges are aware that there is a high probability that forged/false documents have been filed in their courts.

In one Miami appeal, GMAC changed counsel three times once the homeowner PROVED GMAC had committed fraud for at least a decade in this single case. Heavy-weight Greenberg-Taurig was brought in after the first firm withdrew and offered a laughable several thousand dollars to settle.  Soon after, GT was under investigation and a third firm was brought in.  

It appears these cases have so much PROVABLE criminal activity attached to them that they have become a hot potato.  If this new firm finds fraud has been committed in your case, they may withdraw after they get their paycheck.
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William A. Roper, Jr.
To add to Digger's response, there are two compelling reasons that the creditors change counsel.

First, very often the initial claim is filed by foreclosure mill legal lightweights.  These are the foreclosure bullies who could never possibly win a FAIR FIGHT with a borrower's attorney in a similar weight class.  They can obtain default judgments in foreclosure cases, win unopposed proof of claims, succeed on unopposed motions for relief of stay and defeat a poorly prepared and incoherent pro se defendant at summary judgment when the defendant lacks the good sense to even get an opposing affidavit into the record.

But if there is going to be a real fight, they run for the hills!

Second, because the foreclosure mills almost always plead perjured, forged, fabricated and otherwise fraudulent evidence, the attorneys who pled this evidence DO NOT WANT TO BE IN THE COURTROOM WHEN QUESTIONS ARISE.


They new counsel can plausibly DENY any knowledge of the pleading of the forgeries, fabrications, perjured affidavits, etc.

The new counsel will ask the court to overlook these "minor paperwork errors" of which the new counsel has no knowledge.  They will tell the court that they have no idea how those documents came to have been pled and ask the court to ignore the fraudulent evidence, while presenting new possibly valid evidence. 

This charade is much more difficult to pull off when the original attorneys are in the court room!

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So how can we combat this situation?  I just had the same situation occur from Baum's office to another firm.  Just looking to stay ahead of the curve.

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Keep in mind, new counsel cannot swear to the allegations made in the old firm's pleadings, but the new firm still has a duty to report any suspicious or blatant fraud.

Bring it to the court's attention.  Instead of saying: "Judge there is fraud everywhere - call the cops!", tell the judge: "I am questioning the validity of this document, and if opposing counsel has had time to review the file, I believe they will verify my suspicions.", and then explain why you believe the document is a forgery, etc. and can't possibly be valid or convey a right to foreclose or be granted any relief.

(This is not legal advice.) 

Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive.  Fraud is the crime of deceiving another, through the use of objects obtained through forgery.  However, copies, studio replicas, and reproductions are not considered forgeries.  They may later become forgeries through knowing and willful misrepresentations.  In the case of forging money or currency, it is often called counterfeiting.  It is called a false document when the object forged is a record or document.  Forgery is one of the techniques of fraud, including identity theft.  A forgery is essentially concerned with a produced or altered object.

Generally, forgery is defined as the fraudulent making or alteration of a writing to the prejudice of another’s rights, or as the false making or material alteration, with an intent to defraud, of any genuine writing which might apparently be of legal efficacy, or the base of a legal liability.  Forgery includes the alteration of, or addition to any instrument with an intent to defraud[i].

Uttering a forged instrument is a criminal offense. When a person knowingly publishes or puts into circulation any forged or altered financial document, legal document or other writing with the intent to misrepresent it as true and defraud others it amounts to uttering a forged instrument. To “utter” means to distribute or offer under the pretense that it is genuine. The uttering of a forged instrument is a separate and distinct offense from the making of it. The accused must not only know that the instrument was forged, but s/he must intend to defraud at the time of offering it.

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Well, I sort of figured that with new counsel the old would withdraw precisely because I challenged a certain mortgage assignment completed by one of their lawyers as a mers assistant secretary...

No change as of yet.  Just another law shop in the mix...

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In my case a well known foreclosure mill filed the original judicial foreclosure action.  I answered pro se and initated discovery.  The foreclosure mill immediately engaged a second rate local counsel.

The matter has been now in litigation for five years.  The plaintiff was denied summary judgment.  The matter hasn't yet been scheduled for trial.

They never upgraded to a competent law firm because they always underestimated me.  And the second rate firm has made so many mistakes now that the plaintiff cannot possilbly win.  Which is probably why they never brought the matter to trial.

The plaintiff has signed a consent decree.  MERS has signed a consent decree.  LPS has signed a consent decree.  The AG is investigating the plaintiff.

I expect to win dismissal and then I will file criminal charges on the perjured affidavits.

Those that want to impress the plaintiff with their ability and show the plaintiff all of the defects right away ought to think about that strategy.  It is probably better to do competent work, be underestimated and continue to enjoy the bountiful mistakes of a second rate law firm!
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Hi everyone! I am glad to see that I am not the only one with this situation. I am 3 years in now, have defeated 3 MSJ's and am heading off to my second "Final Pre-Trial" tomorrow. I am on lawyer #4 and getting ready to get this one disqualified Keep up the good fight people, we will win eventually.
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