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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"The following language must be included in all notices including the notice of default. Further, all Notice’s must be signed by a real person, a breathing, living, human being, an individual who will be held responsible for his/her actions. The Notices must be signed Under the Pains and Penalties of Perjury and if not validly signed, the notice is defective and void and it must be deemed the foreclosing party’s failure to sign the notices, is a violation of the above statute.

Plainly Stated, Effective immediately:

1) Under oath, the foreclosing entity must name the owner of the Note and Mortgage (the mortgagee).

2) If not the owner moving to foreclose, a statement under oath that the one moving to foreclose a mortgage under the terms of the mortgage contract and the power of sale provisions in that contract, is the agent for the mortgagee with proof of the agency relationship.

3) A statement under oath, whether or not the mortgage loan has been securitized; if the Mortgage Loan was securitized, they must name the Trustee and the Trust and it shall be included in the notice. If it is a private Trust, then access shall be provided to the Trust documents and all distribution reports.

4) If the Mortgage Loan was securitized and purportedly repurchased from the trust, then a statement under oath, alluding to that fact.

5) A statement under oath, that the foreclosing entity is in possession of the original wet ink Note and Mortgage and all intervening original wet ink assignments of both the Note and the Mortgage and that they contain valid indorsements and were executed in accordance with the statutes of fraud.

6) Attached to the notice must be a certified copy of the Note, Mortgage, and all assignments from the first assignee to the last and every entity in between pleading under oath that the copies are copies of the originals.

7) The following language Must be included in every Notice; “as the borrower, you have the right to demand viewing of the original wet ink documents, and may examine those documents forthwith. If the Homeowner believes the documents have been tampered with or altered, then before a judge, justice of the peace, or a notary, a copy of the purported original documents shall be made, the parties shall agree in writing that they are the original documents, the copies shall be certified, and the homeowner shall send the purported originals for a forensic examination, preserving the chain of evidence, by way of the witness above to a designated examiner."
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