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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NoMoreShadyAssignments
Hello Everyone,

I have been battling with my lender for a while. They have not responded to any of recent motions or my interrogatories and the case has been stagnating.

About a week ago I got a letter from the lender claiming that my home is vacant and that they would secure it within 15 days if they did not hear from me. I contacted them and spoke to a fairly clueless woman, who claimed their preservation team said the property is vacant. She said that they would not change the locks or move out my belongings and not to worry about it.

The utilities are on. It is fully furnished. My dog is there. I am usually there after 6pm. The lawn and home are being maintained. How they came up with my home being vacant is beyond me.

Yesterday, I get a message from them saying that they will proceed with locking me out if they don't hear from me by Thursday. I called back again and got another lady, who claimed that I never called in. She said that she will make sure that their preservation team does not do anything.

I don't trust them.

I don't know if I should file for a temporary injunction to keep them off of my property or if I should go about it another way. I feel that this needs to be handled through the courts at this point and not just with a phone call.

Any help or suggestions will be appreciated.
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My advise to you is have someone watch your dog away from your home when you are working. Let them change your locks, because you will own your home free and clear after they change your locks.

There was a case in Fl to where the family was sleeping and at 5 am someone was drilling out the locks from the outside and the man of the house didn't ask he just shot him. The man got shot in the hand. Nothing happened to the armed man.

Another case in Fl. a woman came home from work and her locks were changed. She is now sueing them..

This is not legal advise. I am only saying this is what I would do. Make sure you have your phone records in reference to your phone calls to them. After all, you did tell them the home is "NOT" vacant.

Good Luck!!!
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NMSA:

The letter from the lender consists of a threat from a party to "criminally trespass" upon your property.  What I would do is to file a complaint with local law enforcement, providing a copy of the letter as evidence of their intent, and file an affidavit stating that the property is in fact inhabited by you and will continue to be so for the foreseeable future.  I would then provide copies of your filing with local law enforcement, along with a copy of the affidavit, sent certified with return receipt, onto your lender.

By doing the above you will have at least established that the threat was made, you in turn notified them of their error, and if they make good on their threat you will have grounds for criminal prosecution.  You may find the local prosecutor reluctant to want to get involved but be persistent in your pursuit of some form of acknowledgment from them in advance.   I would also post some form of notice on the front and rear doors advising anyone who disregards the notice and enters the occupied property WILL be Prosecuted.  Keep in mind these are contractors and they themselves are at risk for their actions, and they MUST be taught lessons the hard way.  I for one have dealt one of these lenders and contractors a lesson that they didn't soon forget over a similar such action.

The other purpose of these threats may be to attempt to intimidate you into some form of performance on the loan; pay up or else strategy.   The mere threat is effective at having the homeowner contacting the lender regularly, as it seems to have been in your case with your regular contact.

BTW, who is the lender, just out of curiosity.? 
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NoMoreShadyAssignments
The letter was from Nationpoint Loan Services.

I am really thankful for the suggestions.
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The Equitable One
"They" have already denied contact with you via the call you placed. Why? Because they can. Without a written record you have no proof. So, as suggested previously make sure ALL of your communications with them are in writing. Certified mail, return receipt requested.

It may be that regardless of what YOU do THEY will still behave badly. But with papers in support you will at least be able to press your claims and issues at a later date.

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What state are you in?  A bank breaking into your home is criminal trespass.  If you are in Florida, and even if you are not, please send your story to Matt Weidner.  Check out his this his post from today on this.

http://mattweidnerlaw.com/blog/2010/05/banks-breaking-into-homes-it-is-a-crime/
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I have a similar situation and received a lock out notice also- my attorney filed for and got a immediate restrain order preventing the bank from doing anything to my house. My attorney argued irreparable harm may be done if they were to proceed before this was hashed out in a court. Over 2 years later, after depositions, motions and discovery we were due to have our case heard in court. The bank offered us a settlement. We accepted and the house is back in our name. I wish you the best of luck

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