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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Motion to Vacate Denied

Conclusion

        The issues in this case are not merely problems with paperwork or a matter of dotting i’s and crossing t’s. Instead, they lie at the heart of the protections given to homeowners and borrowers by the Massachusetts legislature. To accept the plaintiffs’ arguments is to allow them to take someone’s home without any demonstrable right to do so, based upon the assumption that they ultimately will be able to show that they have that right and the further assumption that potential bidders will be undeterred by the lack of a demonstrable legal foundation for the sale and will nonetheless bid full value in the expectation that that foundation will ultimately be produced, even if it takes a year or more. The law recognizes the troubling nature of these assumptions, the harm caused if those assumptions prove erroneous, and commands otherwise.
       
For the foregoing reasons, the plaintiffs’ motions to vacate the Judgment in these cases are DENIED.
SO ORDERED.
By the court (Long, J.)

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Amici briefs were submitted by Reneau Longoria of Doonan Graves & Longoria LLC; Marie McDonnell of Truth in Lending Audit & Recovery Services LLC; Edward Rainen, Ward Graham, Martin Haller and Robert Moriarity, Jr. for the Real Estate Bar Association for Massachusetts; Kevin Costello, Gary Klein and Shennan Kavanaugh of Roddy Klein & Ryan; and Robert Hobbs of the National Consumer Law Center.
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The Equitable One
This is powerful. It seems to also be in line with the KS decision even though the issues are not identical.

My lay take on this is that some courts are beginning to understand the title defect and standing issues pretty well.

I don't think it will be much longer before there is a decision in favor of a defendant/borrower based on the fraudulent creation of documents (fabricated assignments that memorialize transactions that never in fact occurred) that are used in tricking a court into believing it has jurisdiction when in fact it has none.

I'm very anxious to see what the media does with this in the next couple of weeks, and to see the impact on sales of foreclosed properties in Mass., and how quickly the ripple effects move to other jurisdictions.

In the past 6 weeks it seems we've gotten 3 important decisions (at least):

Landmark v Kesler, in the Kansas Supreme court.
Wells V Johnson in the Ohio Supreme court.
This decision by Long in the Mass courts.



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The Equitable One
Error.

That should have read "Wells v Jordan."

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