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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Charles M.
I have a Lis Pendens on my title referring to a foreclosure that was initiated by a bank, the case dismissed, how do I go abaout having the Lis Pendens removed?  I was told to write a letter to the law firm who filed it and ask them to remove, I did that with no luck.  

Do I have to hire an attorney to do it?   If so, shouldn't they have to pay attorney fees?  In my state, they are required to remove it, but they are a foreclosure mill, and will probably never do it just based on a letter from me.

Thanks,

CM  
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The Equitable One
A foreclosure that was dismissed. Congratulations.

I'm sure we'd all like to know the details of your case and how you secured a favorable ruling in your case. I know I would like to know about it.



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Charles M.
Thanks, 

Long story short.

It was dismissed in 2007 without prejudice becuase they did not have a recorded mortgage, the Lis Pendens referring to this foreclosure was filed in 2005. 

They sued me again in 2008 to try and have the mortgage recorded, in this case they admitted that the original mortgage and note was lost and also that they couldnt explain why the mortgage was never recorded, so judge dismissed without prejudice.  

Don't know what they plan on doing next, every lawyer I talk to says something different, nevertheless, I think the Lis Pendens that refers to that case should be removed, it would stink if I had to hire another attroney to have it done. 

CM
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This is very interesting!

Because I hired an attorney to file a Lis Penden for me to stop a property from being transferred.  However, the property has been transferred even though a judge has not ruled on it yet.

I am really confused now.  Please help!!
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Lis Pendens
A Lis Pendens is simply a recorded notice that there is legal action pending which may affect future title to the real property.  A purchaser takes title to the property knowing (usually) that the title may be attacked at some future period.

A Lis Pendens does not stop a tranfer of real estate.
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Charles M.
Why would anyone wantto buy a property that might be part of a case that effects the title, I am sure in your case there wasn't a title company invloved to insure it.   In my case I want them off becuase the cases were closed.

CM  
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Lis Pendens
Who knows.  Speculators and Investors do all kinds of weird things. And, yes, you can get title insurance on a home with a Lis Pendens.  An ALTA Standard Title Policy will simply take an exception to the potential cloud on Exhibit B of the Policy.  See http://www.alta.org

For exaple, did you know that when a Trustee forecloses on a home, he/she will request and pay for a Foreclosure Title Policy.  This is a policy which guarantees or warrants that the Trustee, after the sale, will be able to grant an effective Trustee Deed. Bizarre but true.

If you want a Lis Pendens removed you either have to get the person who filed it to release it, or file an In Rem action in a court of local jurisdiction and equity (meaning you generally can not do this in a small claims court or court of non-record) and request the Lis Pendens expunged.

However you will have to prove to the Court you have standing to request the Lis Pendens be expunged.

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The Equitable One
Again, congratulations.

But don't relax too much. They're liable to come after you again.

Have you considered preempting them with a suit of your own? Plaintiff seems to be a more powerful position.

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Thanks "Lis Pendens" for the  information.  However, the attorney did tell me that it would not stop the property from being transferred. 

As far as I am concerned not telling a client the truth in the end cost them money legal fees and puts the client in a worse position then when they hired the attorney.

Also, I contacted the Land Records Department and was told that it was a particular document that he could have filed to stop the property from being transferred.
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Pay the Debt You Owe

let's take a look at reality.      You're in default for not paying a debt you owe and promised to pay.

Have you tried to refinance and the Lis Pendens is preventing that from happening? 

If yes, do not wait for that big ole other shoe to drop because if you look up its on its way down heading toward you.

Send a letter by return reciept signature required to the lender and real nice like let them know that their unlawful Lis Pendins is prevening you for refinancing and would they please remove it.








Charles M. wrote:
Thanks, 

Long story short.

It was dismissed in 2007 without prejudice becuase they did not have a recorded mortgage, the Lis Pendens referring to this foreclosure was filed in 2005. 

They sued me again in 2008 to try and have the mortgage recorded, in this case they admitted that the original mortgage and note was lost and also that they couldnt explain why the mortgage was never recorded, so judge dismissed without prejudice.  

Don't know what they plan on doing next, every lawyer I talk to says something different, nevertheless, I think the Lis Pendens that refers to that case should be removed, it would stink if I had to hire another attroney to have it done. 

CM
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My particular situation has nothing to do with a debt, mortgage or foreclosure.  It is a real property dispute. 

If anyone knows what document the attorney should have filed with the Land Records Department to stop the transfer of the property.

Please let me know.  Thanks!
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Lis Pendens
This is no document to stop a transfer with a 'Recorder'.  Recorders do just that, they record for public record just about any document that meets their filing standards, which are usually just as to size and format.

I could file a deed on YOUR house tomorrow and their is not a thing you could do about it except go to Court and request an Order expunging the filing.  Of course there are various false filing statutes but those are enforced after the fact.

Face the facts, you need to go to Court and prove standing in an In Rem action (Google 'In Rem') and if the Court agrees you can clear the Lis Pendens.

At this point it irrelevant what was done in the past.  If there is a cloud on the title it will never go away, ever, unless a Court agrees with you.  Sooner or later the house is going to be re-sold and put even further away from your reach.  Ultimately a future purchaser could assert that you let the statute of limitations expire and all the ranting and raving is meaningless.




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Nye Lavalle
What state are you in?  Usually there are time limitations
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Charles M.
I did talk to 4 or 5 attorneys in my state, they all say the same, wait until they make a move and then hit them with counter claims instead of initiating anything, they feel I have a pretty good case on 2 fronts,  1st becuase they falsified certifications in the BK Court in order to get stay releif, even used ficticous recording info in the cert.,  2nd, even after they recieved stay releif, I still went on to get a discharge anyway and now they think that they are in violation of the discharge order if they come after me again to record the mortgage or try and foreclose, I did not use this argument in the last case.  I guess time will tell if they take another shot, but all the attorneys I talked to so far think they have a lot of problems, so I am hoping, maybe wishful thinking, that they realize this also and don't do anything. 

As far as the lis pendens, the two are for the cases that were dismissed and withdrawn, so according to the state I live in they must remove them, I did write the law firm who filed them a nice letter with no luck, I am assuming I have to get an attorney and go back, also in my state they should have never been allowed to file them anyway, the statute says clearly that the mortgage must be "duly recorded" in order to file a lis pendens for a foreclosure, they were also supposed to put the book and page number info in the lis pendens, they used the book and page number of the deed instead.  Don't know how the judge will take to that but it seems pretty clear to me that the lis pendens were filed illegally, in my opinion and correct me if I am wrong, they should pay for the expense to get them remove.
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Nye lavalle
explore quiet title action
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Charles M.

The Quiet Title idea was brought up in some the discussions with attorneys in my area, after thought they concluded that there was no need since I do have clear title and the deed is in my name, also there are no liens recorded in the register against the property,  only the 2 lis pendens, referring to the 2 suite that were dismissed and withdrawn. 

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Lis Pendens

If the facts are as they say, i.e., you have duly recorded title, then you have no issue.  The Lis Pendens is just a notice that an action is pending.  Nothing more.  If yo later sell the house and those actions are no longer pending then the recordations are moot.  I'd forget about it and move on.  When you sell the house let the title company issue around it.

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Charles M.
so you think I should leave the lis pendens alone and that if I sell the title company will deal with them,  I guess that would be by showing them the orders to dismiss both cases?? 

Do you think the title company would insure if they see there was a foreclosure pending at one point and they dont see any mortgage against the property?

Thanks  CM 
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Lis Pendens
Actually, it is easier than you think.  Get your paperwork together and go see your local title company.  Tell them you want an 'Owners Title Policy' to insure your present title.  In all likelihood they will issue a policy once their legal staff looks at the paperwork.  Once you have the title policy in hand, if anyone attacks your title the insurer has to defend it or pay you for the amount of the policy.  The policy is usually written in an amount agreed upon as the value of the home at the time the policy is issued.

Rates are reasonable.  For a $ 702,000.00 home a Owners Policy coast me about $ 2,500.00.
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Charles M.

Will definelty do that.  Thanks for the info. 

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Charles M.

Just spoke with a local title company, they said they can do an "Owners Title Policy" but that would only insure me against past litigation, not any new litigation, would not be good for me becuase the past litigation is dismissed, so if bank decided to try and foreclose or any other action I wouldnt be insured.  

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