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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homeowner

I have posted on here in the past regarding our mortgage. It was originated in 2004 by a company that filed bk a few years ago. We discharged the debt in an 05 ch. 7 bk and the company never sent reaffirmation papers for us to sign. We fell way behind in 08 due my husbands injury and have not made any payments for quite awhile. Last fall we rec'd a letter from a foreclosure attorney. I sent back a debt validation request within the 30 day time period return receipt requested. I have the receipt, but they never responded with the debt validation and nothing has been filed in court. Also, even though the lawyer listed US Bank as Trustee, there are no transfers or assignments recorded in the county records after the orginal lender. Now we are beginning to receive calls from the mortgage servicer who is responsible for collecting our payments. I am keeping a record of the calls. I have also noticed lots of attorney fees on our bill that were listed after I sent the debt validation letter. I thought this was not legal for them to pursue any further until the debt was validated. Also after a bankruptcy on a debt that was not reaffirmed, why would they be calling me. I do not answer. I am wondering if they are trying to make a deal, but I don't want to communicate with them by phone and have received nothing but monthly bills from them. Thanks for any advice.

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Moose
Go back to your Chapter 7 attorney.  Quickly.

Moose



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Hi Moose,
I am not familiar with the Bankruptcy concept. When does a Homeowner have to file bankruptcy to stay in the house ? What happens when the Bankruptcy is filed ? Can Homeowner avoid foreclosure by filing bankruptcy ?
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homeowner
Thanks Moose. I actually cannot afford a lawyer at this time, due to my husband getting injured and being off work for so long. I don't think she would do anything about it without a fee. I am keeping track of all the calls, dates, times and number for further action if need be.

Ann, I don't think that in most cases a bk will not avoid a foreclosure completely,because the lender will usually file for a relief from stay and be able to continue to pursue the debt. Also if you sign a reaffirmation, it's saying that you want to keep the house and will continue paying and are admitting that you are still responsible for the debt. If you do not sign the reaffirmation, they can still foreclose if you get behind, but cannot receive a deficiency judgment saying that you are responsible for the remaining balance after the sale. The bankruptcy means that they cannot contact you regarding the debt if it was included. Is that as clear as mud? lol Maybe someone needs to correct me or make this more clear. 
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Moose
homeowner wrote:
Thanks Moose. I actually cannot afford a lawyer at this time, due to my husband getting injured and being off work for so long. I don't think she would do anything about it without a fee.


He or she will still be your first point of contact.  This isn't legal advice, but you may find that they can recover their fees from a creditor who violates the bankruptcy discharge order.

A phone call will answer a lot of questions.

Moose

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HOMEOWNER-

Welcome to Life....Your Screwed, screwed screwed...Sorry I probably shouldn't say that. But its my sentiments anymore after several years of trying to do the RIGHT THING!

My understanding of your case is that you filed a chp 7 and did no reaff agreement. Which isn't a big issue. However, in the chp 7 was a PROOF OF CLAIM TO BE PAID PUT INTO THE COURT? Can you prove a break in the chain of title? Did your atty help build any type of defense in your behalf? Did he or she do any real services like audit the origination papers for some of the fraud judges are protecting other judges for?

In a chp 7 w/o a reaff agreement-the home remains in YOUR NAME until a sale happens that takes it out of your name. So they will have to 4/clse to reap anything out of your home/loan. Even if they we're given a lift of stay to be able to take the home they still have to go thru the 4/clsre process is my understanding and knowledge.

I had a case in OH years ago...The debtor filed a chp 7 left the home and went on w/his life. Since, the bank didn't 4/clse the home stayed in his name then subsequently the bank let it go for back taxes. They had an opportunity to make their money but let the time pass in which they could recoup the money from Cuyhoga County, OH....Then they placed the guy for collections wanting him to signoff on something so they could recoup the money they lost.

However after placing him 4/collections and doing this they broke the law. He filed chp 7 and walked away.  He should of been left alone. However, just like in the majority of these cases they continually break the law and push us under the bus with their so called knowledge.

Now if they want to 4/clse they will have to NOTIFY YOU IN RIGHTING of their intent to do so. Since you filed the chp 7 w/o a reaff agrmnt they can 4/clse take the property and not bother you again. So I hope you do have something put away and have been able to maintain some type of credit since  the discharge. I would hurry before they 4/clse and then evict you. This will make it so much more troublesome for you if that happens. It did me.

I ended up with one bcuz of people getting by with lying lying lying...See I had and have an opportunity to have my bills paid in full. The method in which I have to pay them though is what has put me in the jam I'm in...

As I used to work for two of the top foreclosure trustees nationally. I have bankers ready to do PROPER BANKING BUSINESS. But they want product and no bs stories...I'm direct to different princpals ready to spend whatever it would take to of kept my home. Yet they get by with inducing 4/clsres and stealing homes. For those that didn't believe me they've definitely been figuring it out finally. No amount of determination to tell the truth w/change what their doing.  

To find a good atty is impossible. I ended up w/two sep recusals over what I know. Some people beg for them. I didn't. I begged for help to have a way to TELL THE TRUTH! So basically I got away from one biased/impartial bk judge. He also has a history of being questioned in the past about his being biased and impartial. They continually just let them get by with it though and give them immunity when in fact they totally LOST JURISDICTION. Then had two that weren't corrupt then the fourth was bought off like the 1st.


So it leaves me in a bad situation. Filing a  chp 7bk that I never wanted and not only a home stolen but a livelihood in which to adequately support my family still. So I will do what I can to be heard. Hasn't helped that I've tried but banking whether it be collections or business banking requires ADEQUATE COMMUNICATIONS. Truth be told I could help several people if there were just one honest banker left. But there's none to be found in the USA.  


GOOD LUCK,
Kathy
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I found this Bankruptcy survey at Livinglies. There are many interesting BK courts Judges opinions.
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http://livinglies.files.wordpress.com/2010/01/2009asbl_final_03_leibowitz.pdf

I am still try to learn how bankruptcy help foreclosure victims. Thanks for your input.
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Margaret
It is my understanding Ann, that if you are behind on your mortgage payments....say because you had a short health problem or other type of short term problem that caused you to fall behind, you can file a Chapter 13 foreclosure and that will stop the foreclosure. Once the foreclosure it set up you are to resume making payments on the mortgage. Usually the past due is tacked onto the mortgage. So, in essence you can fall behind say 6 months, file a Chapter 13, and keep the home.

If you file a Chapter 13 and you are not behind on your mortgage payments, you continue paying whatever secured debt you have....say a car & your mortgage. If you pay these secured debts on your own and not through the trustee the debt is then not protected under the Chapter 13.....meaning they can come after you and not go through the bankruptcy judge for a lift of stay. Or if you do make payments through the trustee and fall behind they can file for a lift of stay, basically the right to foreclose, because you failed to pay the debt.

If you file a Chapter 7 you can walk away from the home without owing anything. Or, you can file a Chapter 7 and reaffirm the mortgage; however you cannot do this if you have fallen behind on payments.  HTH

That is my understanding of it.....
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Margaret,

Your 100% right...Except for when they don't bring out the REAL PARTIES who have created FRAUD against everyone of us. Then they try to sweep under the rug like your not suppose to know anything that they just committed fraud against you.

They will steam roll anyone they can. I don't think they should be able to get by with what they have though. Alot of people feel this way. What if just what if you have a way to have your bills PAID IN DAYS?

ALL IF YOU COULD FIND AN HONEST BANKER OR ATTY? My atty has done nothing but try to sell me down a river of crap. Maybe he knew I worked for two of the top mortgage trustees nationally. That I just didn't know it is mind blowing.

At any rate I've now figured out thru research its a  possible link as to why I've faced such an OBSTRUCTION OF JUSTICE...Their treatment of me and ever other AMERICAN is NOTORIOUS...The TITLE COMPANIES ARE ALL IN ON THIS MANUVERING AS WELL...They have us from the time we sign our name to anything. Tell the TRUTH in court and YOUR DAMMED!

AT Least that's been my experience so far. The TRUTH is THEIR ALL IN ON IT...For the few that actually get JUSTICE AMEN is all I can say. Until then there's HELL ON EARTH as NO ONE SHOULD HAVE to GO THRU what we do today in an ATTEMPT TO TELL THE TRUTH...

Greg or anyone did you know that LOGS is a  subsidary of  The First American Title Corporation? What a spiraled web of BS. So the collection agency that shows the two trustees down as(Board of Directors) are two top trustees across the USA NATIONALLY.  This company is actually a sub of 1st american..Then the rogue investor who I lost my job over represents the 1st American as well..
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Go to the Legal Lounge and look for the case of Stark v. EMC Mortgage Corp. in Missouri, it might help you out or answer some of your questions.

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