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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Hello Everyone,

The information on the case below I'm hoping someone can use as leverage against anyone trying to consecutively screw you over.

I know that everyone has gotten on to me for exposing to much as we never know who maybe reading everything we put here.

This case however, for anyone in a bankruptcy or needing good terminology if your having to do it on your own to know what USC codes their in violation of this will help.

You can be guaranteed that I'll be going to my attorneys office next week. If I don't get any satisfaction I will be making a bar complaint or other. Then him and the trustee can know what's it like to be in the shoes I've been fighting for in fighting for justice.

Everyone can say pay up. I can prove I'm aware on the FRAUD perpetrated by everyone of them. I know of no one who just files bankruptcy just to do it .

It's very disheartening! We've all fought hard and I know everyone will continue to fight or not with my tidbits. But I hope this helps some of you in non-judicial foreclosure states in or out of bankruptcy.

As if your not in bankruptcy its still good reading for the layout for a motion against such a BLOOD SUCKER!Also there's plenty of info on PACER on this.

God Bless all of you regardless of how much we all agree or disagree. You've been the best hope in my fight with everyones intelligent advice!
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The link directs us to an appellate decision in the case Lewallen v Green Tree Servicing, L.L.C. et al, No. 06-1925, before the 8th Circuit Court of Appeals.  This seems to be the case shown within LEXIS as:
Lewallen v. Green Tree Servicing, L.L.C., No. 06-1925 , UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 487 F.3d 1085; 2007 U.S. App. LEXIS 12849, November 14, 2006, Submitted , June 4, 2007, Filed.
It is an interesting case relating primarily to waiver of the contractual provision requiring arbtration.  But as Ksk points out, it also discusses several other defensive arguments and affirmative claims for relief.

It might be interesting to get a look at some of the underlying pleadings.

I find this case interesting and instructive for several reasons:
  • The bankrupt alleged during the proof of claim that the servicer "improperly increased her monthly payments, assessed excessive late charges against her, failed to respond to her inquiries on her account, refused to accept payment from her, and sent her erroneous overdue notices"
  • The bankrupt also alleged that "Green Tree's attorney's costs and fees were not a proper claim because they were attributable to Green Tree's own billing mistakes and failure to respond to Lewallen's inquiries"
  • The bankrupt further alleged that "Green Tree's conduct violated the Real Estate Settlement Procedures Act, 12 U.S.C. §§ 2601-2617, 24 C.F.R. Pt. 3500, the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692o, and the Missouri Merchandising Practices Act, Mo. Rev. Stat. § 407.020 and the Fair Credit Reporting Act, 15 U.S.C. §§ 1681-1681u."
But the PRIMARY reason I find this case instructive is because it UNDERSCORES a point I have made repeatedly within this Forum:  The ESSENTIAL NATURE OF DISCOVERY.

In reading the case, you will find that the mortgage servicer was on the OFFENSIVE UNTIL the bankrupt defendant began serving discovery requests.  At that point, the plaintiff asked for additional time to answer and then sought dismissal based upon the contractual provision providing for arbitration.  The plaintiff WOULD NOT ANSWER under oath and were doing ANYTHING, including appealing to the United States Court of Appeals to AVOID this case proceeding.  IT IS DISCOVERY THAT THE MORTGAGE SERVICERS FEAR! 

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Nye Lavalle
I can't agree more. Those of you who have criticized me in the past for asking for documents only need to know that in order to understand this morass and total cluster F**k, you have to get ALL of the pieces of the missing puzzle together and then have someone like myself or who knows the internal systems to know WHAT info is there; WHERE the info is; HOW the info is stored; WHO has the info; and WHEN and HOW easy it is to get the info.

In one case i am working on, after motion to compel I designed for the lawyer in the case that was VERY specific, they are fighting like dogs no. They know we know the drill, know what they have done and know ALL the players involved.

As such, they were to produce documents and before the deadline the made a substantial offer, one that the client turned down, but one that if they boost will get the case settled. They are also running scared and like hell. not wanting the executive they designated not to appear in a depo next week, since they know he is going to get blasted!

It's ALL about prep and from your initial ANSWER, DEFENSES & COUNTERCLAIMS, you need to be on the OFFENSIVE and hammer away to be in a superior position to win.

Someone from the inside [I suspect from one of our prior law firms] sent me a letter telling me to read the Art of War by Sun Tzu. It has helped me in this war and others...

The first chapter, "Planning," explores the five key elements that define competitive position (mission, climate, ground, leadership, and methods) and how to evaluate your competitive strengths against your competition.
"Going to War" explains the economic nature of competition and how success requires making winning pay, which in turn, requires limiting the cost of competition and conflict.
"Planning the Attack" defines the source of strength as unity, not size, and the five ingredients that you need to succeed in any competitive situation.
"Positioning" explains the importance of defending existing positions until you can advance them and how you must recognize opportunities, not try to create them.
"Force" explores the use of creativity and timing to build your competitive momentum.
"Weakness and Strength" explains how your opportunities come from the openings in the environment caused by the relative weakness of your competitors in a given area.
"Armed Conflict" explains the dangers of direct conflict and how to win those confrontations when they are forced upon you.
"Adapting to the Situation" focuses on the need for flexibility in your responses. It explains how to respond to shifting circumstances successfully.
"Armed March" describes the different situations in which you find yourselves as you move into new competitive arenas and how to respond to them. Much of it focuses on evaluating the intentions of others.
"Field Position" looks the three general areas of resistance (distance, dangers, and barriers) and the a six types of ground positions that arise from them. Each of these six field positions offers certain advantages and disadvantages.
"Nine Terrain" describes nine common situations (or stages) in a competitive campaign, from scattering to deadly, and the specific focus you need to successfully navigate each of them.
"Attacking with Fire" explains the use of weapons generally and the use of the environment as a weapon specifically. It examines the five targets for attack, the five types of environmental attack, and the appropriate responses to such attack.
"Using Spies" focuses on the importance of developing good information sources, specifically the five types of sources and how to manage them.

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I can not agree more. Our case was good before the discovery phase....but it was the discovery documents that nailed their coffin shut.

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