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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Max Gardner Secures Statement from the U.S. Trustee to Enforce Bankruptcy Laws Against Creditors

November 3, 2007

Since I worked with Mark Redmiles on a Panel at the annual Hudson Valley New York Bankruptcy Seminar, I have requested him to provide me with a written statement confirming that his office has been and will be taking actions to enforce the Bankruptcy Code against Abusive Creditor Practices.  The abuses of mortgage servicers in consumer bankruptcy cases is currently running at epidemic levels.  Well, Mark, who is the Deputy Director of the U.S. Trustee Program, finally came through with an email this week.  I have posted the email on all of the major consumer listservs.  The substance of the statement is reprinted below: 

The U.S. Trustee will protect consumer debtors from abusive creditor practices, according to a statement issued by Mark A. Redmiles, Deputy Director of the Executive Office of the United States Trustee.

“The United States Trustee Program (Program) is responsible for protecting the integrity of the bankruptcy system,” he said. This responsibility includes a duty to protect consumer debtors from and to redress violations by, creditors; particularly when the abuse is systemic or multi-jurisdictional. In many cases, misconduct by creditors is best addressed by the private case trustees who review and object to claims, or by debtors’ lawyers who engage in two party disputes. However, where the integrity of the system is at stake, and where the U.S. Trustee is in the best position to protect debtors against abusive practices, we will investigate and we will take appropriate enforcement action.”

Redmiles said, “the Program has recently focused enforcement efforts, and has engaged in litigation, to redress identified practices among mortgage servicing creditors and their attorneys in chapter 13 cases. This includes enforcement activity to redress the filing of false or inaccurate claims, the assessment of unreasonable post-petition charges, and the failure to properly account for post-petition mortgage payments.”

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Max is a good friend and colleague. Anyone seeking bankruptcy should seek a lawyer trained by Max in his bootcamp! go to
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Joe B
Nice find Blossom!!

     Now if we can get them to grow their enforcement to the folks who haven't resorted to bankruptcy, maybe we will all breathe a little easier!

     We should see if we can't get Max's press releases spread as much as all these servicers who claim they are reaching out to help us; maybe then we could get some real exposure to this problem.

     Still fightin'

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You beat me to it, Joe. MSF victims should not have to be forced to rely on bankruptcy protection in order to stop this stupidity in the first place. Don't get me wrong, I'm glad that Attorney Gardner is doing what he can to help MSF victims but there are a few steps that can be taken before bankruptcy becomes necessary. If only more attorneys would start focusing on those steps.

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Let's hope Deputy Director Mark Redmiles's written statement has some real teeth in it.  Sure would be great to get this thinking across the board and understood in ALL civil and federal courts.  There are some fine minds here on MSF Forum and with a little collaboration this has a shot at being played forward. 
Bankruptcy is certainly the court of last resort.  What concerns me are the non-judicial foreclosure states where FC's are so wham bam.  There have been so many people here on the forum desparately seeking adequate legal counsel for weeks at a time.  The operative word here is "time". 
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