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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Another case for Legal Fee's kicked backed.  Filed in Houston Texas, It's filed in the "Legal Lounge" here, under Fidelity v. Harris (Kickbacks). 

It identifies a "National" Organization, and details how they engaged in Kick backs.  If your in chapter 13, or were you may want to review this case, and show it to your lawyer.  As in my case, and Big Bob's; we both were charged, a mysterious $9,999.00. I was charged this twice!  This is another Class action, with "Industry" wide ramifications! (against lawyers!)
 
We talked about this sometime ago, about these fee's.

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EXCELLENT POINT, Gary!  With respect to the cited case, I am with you 100% (though I believe that it is actually HARRIS v Fidelity).

If ANY litigant has seen the plaintiff plead an assignment or affidavit which is shown to have been executed in Dakota County, Minnesota, and, in some cases, in Dade County, Florida (although OCWEN is there, too), YOU WOULD BE WELL COUNSELED TO READ THE CASE GARY CITES.

THEN also read the recent New York decisions.  The cited case will help you to understand the paradigm.  The NY decisions will show you what wonderful things can happen when you scrutinize the evidence carefully!
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In the interests both of assuring that this message thread might be FOUND and indexed by search spiders AND for those that might want to be following this case along on PACER, the full title of the case Gary has called to our attention is:

In re ERNEST HARRIS and MATTIE HARRIS,Debtors; ERNEST HARRIS and MATTIE HARRIS, on behalf of themselves and all other similarly situated Chapter 13 debtors, Plaintiffs v FIDELITY NATIONAL INFORMATION SERVICES INC. D/B/A FIDELITY NATIONAL FORECLOSURE & BANKRUTPCY SOLUTIONS, CASE NO. 03-44826-H4-13, United States Bankruptcy Court, Southern District, Houston Division.

This really IS a MUST READ if there is a Fidelity component to your litigation.  And you may NOT KNOW that there is a Fidelity component to your litigation UNLESS you read the case and study up on Fidelity!
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Nye Lavalle
90% of cases involve Fidelity and FANDO. The reason behind all the same names for same addresses for hundreds of companies and banks is Fidelity, FANDO et al forge docs, assignments, signatures, etc. as well as backdate and recreate and dummy docs to show what they want to show in Court. You can NEVER RELY on such docs and must:

Challenges the chain of title claimed as well as the current ownership of the note on jurisdictional challenges; standing challenges; etc.. then challenge the amounts claimed on notes.

Then you must DEPO EACH person signing an assignment and affidavit and make them bring proof of their ID, W-2s, employment history, 20 affidavits and assignments they have signed; and 20 examples of their handwriting.

Also, you must obtain the ORIGINAL NOTE with ink signatures and endorsements as well as ALL allonges ever attached. Then, you must also have UNRECORDED ASSIGNMENTS provided.

Depos of each person with the above info must be done.

Then, you must have an actual MONEY TRAIL showing cancelled checks, wire transmittals and PROOF of payment; certifications of pools; investor accountings that show how much money went to the investor and how much was retained by the servicer as well as ANY payments of delinquency interest advanced, P&I advanced or any other amount advanced by ANY servicer, GES, guarantor, pool insurer, mortgage insurer or anyone else.

Then, you must make them prove up what is owed to the PENNY!

This is your "cheat sheet" to beat the cheats and the one the judges in this case are starting to use!

Nye
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Right on Nye, one last point, several mortgages were exchanged or NO VALUE between pooling and servicing agreements, and never "Recorded".   HUD violations!   You have to use discovery and depositions, We all are making headway in several areas!  Lets keep it up together.

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4 justice now
Hello All,
 
I know this question may be a bit obtuse, but I would like some clarification. In the statement below are the Harris’s simply reiterating their level of devotion in seeking justice in this particular case, or is there more to this statement than I realize?

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76. Finally, the Harrises and their counsel intend to prosecute this action vigorously.


 
R,
 
4J
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This is only a GUESS, but I am inclined to think that this has to do with their seeking class certification.  That is, the purported POINT of a class action suit is to pursue remedies on behalf of the class as opposed to a simply making the original lead plaintiff whole.

I think that this averment is an assurance to the court that the lead plaintiff intends to aggressively pursue the matter on behalf of the class.

But perhaps someone with formal legal training and knowledge of the elements of a class action case can tell us more definitively.   
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4 justice now
Thanks!

I wanted to be sure that I wasn't missing something.


Thanks!

4J

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