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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PB
To RSG - you might have made an error in filing in Federal Court. Foreclosures are state issues. Only a state court can over turn or stop a foreclosure.

If you file in Federal Court and are going after Federal issues (the FDCPA for one, or RESPA, or TILA, etc.) you can possibly win a settlement, if your very good at being a pro se and have some luck on your side, for the other party's wrong doing...but you cannot ask for your house back. This can only be done in state court ) or the court that issued the order/judgment to give away your home in the first place. 

It is the Rooker-Feldman case history that decided this long ago. Since your in Federal Court then make sure you have Federal claims listed for relief and the supporting elements. You can file a motion to "leave" court and amend your complaint to add more if needed/if you have proof. 

PB  
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PB Thanks for that info. I'm in Nevada. I had a few friends file their cases with the local court. Both of them were dismissed and moved to Federal Court. I believe the reason for that was because the foreclosing company had many Federal laws broken and the local court just passed it on to the Federal court. I know one person who had his case moved to Federal court at the request of the foreclosing company. The lawyers and court play many games. I feel I can handle myself very well in court, so I'm hoping for the best. In my filling I also asked for a jury trial for my benefit. At least for now they can't take my house until all this is over. It may take some time for all to be worked out. If I win I should make out with more than the house is worth just because of my mental distress. LOL I will keep all informed. Thanks for the insight.

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Hope

They are setting you up. No Federal court can overturn a state (county) court ruling on foreclosure. The bad guys want to do that because they then imploy the rule of Rooker Feldman - a federal court cannot over rule a state court decision. Only the state appeals court can do that.  A state court (the right one at least) can hear federal law. You don't have to go to Federal court - you don't want to really if you are fighting foreclosure.

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Hope thanks for the insight. I live in Nevada its a non judicial state. I filed my lawsuit before any foreclosure was done. So as of my filing date there would have been no foreclosure finalized through the system. Therefore federal court would no be overturning a ruling. My mortgage company along with the other defendants violated so many federal laws that I was told to file in Federal Court. My paralegal team is very strong. So at this point I am confused about if I did the right thing by going to federal court. I know that I can always appeal any decision the court makes. That would give me time to file in local court. I can say that I gave every defendant 20 days to respond to the suit and its been over 20 days and no response from them yet. I'm going to file more paper work with the court this week for their lack of response in the allotted time frame. I would think that just because they have not responded that it would only help my case. Thanks for every ones help. I will keep all posted.

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In most states you can file a motion for summary judgment after 20 days.

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Not to be a nit picker but a slight clarification of the usual motion for summary judgment timelines is in order.  Indeed you can generally file a motion for summary judgment but the time line, normally 20 days, starts after the expiration of twenty days from service of process on the adverse party, but no sooner than the date on which the answer is due.  By example, you file a lawsuit on day one.  On day 15 you finally serve the defendant.  You can not file the MSJ until day 35 and may still be subject to additional days for mailing times if you served the complaint via mail, on a corporation, out of state, etc.  You would need to consult your Local Rules.

If the complaint was served you could file a default application, which requires no answer from the adverse party but of course the other party could simply file an answer and stop the default dead in its tracks (in almost all cases) or you file the MSJ and see if the other side will respond.

There are strategic reasons for both methods.  The application for default and later motion for default hearing usually will not subject you to losing your case unless you go before the Court for a default and do not have your paperwork in order (defective service, wrong Defendant, etc).  In an MSJ though the adverse party can file a cross-motion and you could lose.

Don't forget though that the adverse party gets a couple of few free shots at you before they have to file an answer.  They can file a motion to dismiss for various reasons, wihch precludes an MSJ during the pendency of the Motion to Dismiss, or, a motion for a more definite statement and other procedual defects in some jurisdictions.  A motivated Defendant could hold off filing an answer for a very long time using various procedural motions.  Some lawyers as a matter of habit won't even file an answer until the other side dockets a default affidavit and allow the clock to run to the last minute to file the answer.  I think that is a strategy used by weak litigators but it is nevertheless allowed in most jurisdictions.  If your complaint includes a Motion to Enjoine A Trustee Sale a Defendant would be foolish to ignore timelines.  If you obtain a sale injunction there are probably two courses of action which will take place.  Either the Defendant will mount a vigorous action OR (and I tihnk this is the most likely action) the Defendant will be challenged with a lousy defense and disappear quickly. 

This of course is not legal advice.  Consult a non-shyster attorney instead.

On another topic I noticed in the docket of the Maricopa County Superior Court (Phoenix area) the last couple of weeks that a Scottsdale attorney has filed three complaints "as Plaintiffs" against a foreclosure mill and related lenders, servicers, investors, etc.  In addition to the usual TILA, RESPA, UDP claims the lawyer has added a RICO claim.  I have felt for over a year that sooner or later a handful of local lawyers would 'get it' and start taking on the foreclosure mills.  I believe it to be a true statement that there is no way the servicers could handle thousands of lawsuits.  Can you imagine what would happen if every single family served with a notice of trustee sale immediately filed a lawsuit?  In Arizona that would be thousands of new lawsuits a week!

I will follow these cases and advise as they proceed. By way of commentary and opinion Arizona is a non-judicial foreclosure state.  It is important to get these foreclosure cases OUT of non-judicial status by filing a lawsuit as a Plaintiff as soon as you see the foreclosure coming.  Maybe these three new lawsuits are the soon to be wave of the future.



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Ken,

Thanks your help is always welcome and good. I started counting my 20 days 1 day after they were served. I think I should just let them take their time to answer the complaint. I still need to serve Lasalle. All other defendants have been served over 20 days ago. I agree with you that more people should fie suits and flood the system. Most people just pack up and leave the home without a fight. It would be nice to see more lawyers starting to fight for the little guys. Thanks and keep me informed.
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Kathy, is your offer of 11/13/08 still good to get copies of Select Portfolio agreements?

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kathy wrote:

i found out something very interesting about loan servicers in new york state-they are required to file a power of attorney agreement with the local county clerk's office. make sure you check the clerk's office. have discovered fraudulent power of attorney agreements with regards to select portfolio. email me via here if you need copies. its amazing what is out there for us to find!


Interested in finding out specific cases you found Kathy.
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