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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Ohio
On 1/14/05 Wells Fargo filed their foreclosure complaint. In April 06 we asked the court's permission to file our answer late. Our motion was granted and we filed our answer and counterclaims in 6/06..........next came the interrogatories and the requests for discovery........a motion in limine...denied motion in limine....court dates and continuances.....two weeks before trial an offer to settle came from their end.....next came months of back and forth...fast forward to today, 2/5/08 we signed the settlement agreement.

We agreed to confidentiality regarding the terms of the settlement but no restrictions were placed on us discussing the case details and our counterclaims.

I will say that the settlement required only one thing of us.....dismiss our counterclaims.

Needless to say wells fargo didn't get off so lucky. They have a long list of promises to keep. 

Am I rich now?? No.

Did I protect my 50K in equity? Yes.

Am I still in my home? Yes

Did my prin. balance increase? nope, not so much as a BPO was tacked on.

Did I file bankruptcy anytime during this nightmare? No.

Were there 5 digits in the final attorney fee tally? Yes 

Am I gloating?? Hardly! This was a long hard battle that meant hours on end of mind numbing reading and putting the pieces together. It meant hours, days months and years of my kids hearing me say...not now, I have to work on this. It meant summers, holidays in front of the computer. Now that I can breathe I realize how much time has passed...when did my kids get so big?! I feel like I have just emerged from a 3 year coma!

I'm not sorry though. Not for one minute.

I do want to make it clear that I did not sell out. I WON. My family WON and we settled on terms that were fair and equitable. 

I want to help others as much as I am able with their fight. I don't have any sure fire tricks or a magic wand but I do want to help those truly committed to helping themselves emerge from the other side as a survivor and not a statistic.

I want to thank those of you who have helped me and kept me focused and determined to hang in there. This site and the people here have been a GODSEND....I could NOT have done it without you and I will forever be grateful and thankful. 

If you will excuse me now I must go have a good long cry!
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Ohio
P.S.

Yes I do anticipate a breach of the settlement agreement....I give them 6 months before they start screwing up again.

If that happens I WILL emerge a very, very, rich person indeed!
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THAT'S GREAT!!!!!!

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noodles
That's FANTASTIC Ohio! Happy to hear your terms were met with the settlement.
It's elating to hear a successful outcome. Thank You for sharing.
May things continue to go your way!

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Nye Lavalle
Ohio,

We recently settled a case with a very large bank. We could provide details of all that happened and testimony etc... we MUST keep details of the settlement agreement confidential as YOU must. Moderators PLEASE delete her post since she is violating the settlement agreement. You CAN'T TALK TERMS and Name the company.

We can say we settled with a very large mortgage company and 100% of the loan balance was wiped out and other rights assigned. We can not mention dates, the name of mortgage company, the actual amount, or the case #. Please don't screw yourself and have the moderators take this down before someone sees it.

Not paranoid, just a VERY BIG reality!
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Ohio
Thanks Nye...but I CAN speak openly about everything except the actual terms of the settlement. 

They filed the initial lawsuit against ME therefore the mortgage company/bank and all the filings are a matter of public record.

My attorney's and I discussed the big holes left in the confidentiality agreement...I WILL be careful though and I appreciate your concern that I don't get myself in trouble.


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Ohio
By the way NYE....I've never divulged the fact that I'm female.....how did you know? You know this how???
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Ohio

Thanks Guys!

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JCD
Ohio,

That's good news, or at least I assume it is. Even though, I'm sure you deserved much more considering all that they have done, the fact that you're still in your home after going to court has to be a success on your part. You certainly deserve to give yourself and your family a big pat on the back. I would guess that you're one of very few people who have been able to survive in what is clearly a "David vs Goliath" battle. 

I hope everything continues to be favorable for you and yours!

R,

Jon
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Ohio
Jon,

How sweet! Thank you!!
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mac
Ohio,
I am so happy for you and your family!!    Your tenacity has truly been an inspiration to continue this fight.  Just one more little thing.... from one buckeye to another...O-H!!
Mac

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   Anyone who has followed this Forum KNOWS that Nye Lavalle has gone WAY BEYOND the Call of Duty in helping Mtge Servicing Fraud Victims battle against the Ruthless Mtge Racketeers...!!  If only Prosecutors & Regulators had an iota of his COURAGE in this fight.....!

   If you want to go negative...point fingers...and assess blame >> I sincerely suggest you start with the MS FRAUD RACKETEERS who, I am sure, have KILLED some of their Victims along the path of Illegally Manipulated Foreclosures just to make a DIRTY BUCK!!
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Nye Lavalle
Thanks bad. We just settled a case out west only to learn that the lawyer who settled the case was fired immediately afterwards for not being aggressive enough! Guess he had some ethics and they didn't like that!
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If there are ethical lawyers within this industry that get fired; they ought to turn to the light and represent borrowers.

Bury those crooks that are ruining borrower lives through fraud fueled by greed.

Dee
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