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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Well I live in Florduh, and so far most attorneys want much more than I can afford to pay.  I do not have 5K to give as a retainer. So I guess since MERS can transfer mortgages from extinct entities, with RoBo signed assignments, filed long after the suit was filed, I guess I'm screwed.
They started off filing a lost note count, and when I had filed motions objecting, they found it "another fraud upon the court" and it was made out to them Liquidation Properties Inc. And it took almost a year to make it to the courthouse, after they said they had found it.
The judge noted that the note did not have a affidavit with it stating WHEN they got it, and noting "problems with affidavits, he requested that someone come give testimony as to when the note came into their possession. Telling them if it was after the date of the suit they could be in trouble, "I guess since they declaired lost note and had no assignment filed" This was when Ben Ezra & Katz was still on the case.
New law firm took over, and instead of droping the case like I thought they would they asked for it to be set for trial.
 I will keep looking for a attorney,who will take this case, and prepair to do it myself.
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to John,
   Since you live in Florida, there is an excellent web site that can help you
at foreclosure pro se. com.
   It also lists some very good lawyers who charge very reasonable fees.
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Angelo
Hey Mike,

Where are all these cases that your students won from your teachings?  You talk a good talk....either put up or shut up my man.
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Mike, I could not find the site you recommended, could you post a link?
But thanks it sounds like a place I would like to check out . Thanks 
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Found it Mike, Thanks. And Angelo, post something help full, and leave the schoolyard bullying out of the discussion. That's, Jay sons job.
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Angelo
Hey John

Its HELPFUL, just so you know! And i'm not going to get into the backround of Mike H. but its not good.  He is one of the main reasons we lost a great contributor to this site.  Listen to Mike H. and you will lose your house real fast. 

Hey Mike
How about those cases?
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Angelo,
    As you know, and as Moose has pointed out many times, even when a
dismissal is obtained, the plaintiff can refile. For this reason I can not reveal
the case numbers of the cases my students have gotten dismissed and
especially not without their permission.
    In Florida, the rule is the plaintiff gets two bites at the apple. I have
one student where we got it dismissed twice! Did they quit? No, in spite
of the rule, they have filed for a third time. If it gets dismissed with prejudice
and if my student gives permission, I will post it here for all to research.
    Also, this caca about my background is all bull. You should stop repeating
info which is not true. Read the ten commandments. There is one in there
which states, "Thou shalt not bear false witness". Enough said.
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Jay_Son
John Anderson,

Its not only my job, its my pleasure.
I don't know Mike H, but I do know his posts contain no legal arguments that will help you; in fact, you follow his advice at your peril. 

Here's a fun test: Ask him to show you even one case in which his hair-brained theories have prevailed.  Every reply-post to this question is answered by Mike H with a "you don't know what you're talking about," and no case.  Or, his last post, which is that he can't refer you to a case, which is bull - they're public record. 


Mike H,

If you do "teach" people (which sounds alot like unauthorized practice of law), I strongly suggest you read my thread on basic legal research, so you can at least better serve your suckers/clients.
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Jay-son,
    Here's a case for you. Hillsborough County, Florida, 07-cc-007120.
You're so fascinated by the couple who foreclosed on BOA in Florida but
they are not the first to sue BOA and win. Usually they just pay up as
they did in this (my) case. They just don't like lawyers hitting them with
outrageous fees when a simple phone call would have solved the problem.
    Furthermore, you know as much about me as that previous pontificating,
lawyer wanna be. So why don't you pick up a Bible read Genesis and the
Ten Commandments so you'll be intelligent enough to see truth when you
trip across it.
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Moose
Mike H wrote:
Angelo,
    As you know, and as Moose has pointed out many times, even when a
dismissal is obtained, the plaintiff can refile. For this reason I can not reveal
the case numbers of the cases my students have gotten dismissed and
especially not without their permission.


More nonsense.

Court cases are public records. If you were legitimate and your absurd theories could prevail, there would be dozens, if not hundreds of cites in circulation.

The law is not a secret, Mike. Deal with it.

Your inability to back up your specious claims should be ample evidence that you have little of value to contribute and have some other motive to lure people into legal quackery.

Moose

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cww
Mike H. , I really appreciated you keeping this topic going because it pertains to so many people these days .  But , you really should be able to list a few cases .
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I don't want to engage in a tiff. But in fairness, when you talk about cases won, I was in the office of Matt Weidner last year, and I asked a attorney "Jason " how many cases had they had dismissed with predigest
Answer "none".
Matt and other good attorneys keep their clients in their homes, via request of discovery, and procedural requests, and not allowing these courts, "as in Lee County FL" to arrive @ summary judgment.
And that is OK considering that these courts are not following the law or the civil rules of procedure. 
I wish my case was being tried in NY. 
So Jay Son, share with us the fraud that you were asked to do, that resulted in your dismissal? And your position at the company. Not specifics, that might hamper, your future employment, but describe the situation.
And others who want proof of Mike's success, please, post your own.
I have spoke with half a dozen attorneys, and they all have different tacks they prefer. 
So post what you think might work based on cases won in other  states, and less bickering amongst ourselves, it's discouraging to homeowners who are sitting on the fence deciding whether to fight, or flee.
The idea is to have as many chose to fight, as possible. That helps us all.

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Jay_Son
Mike H,

You are correct that homeowners can help themselves by trying to work with their mortgage servicer.  But you don't claim that to be the extent of your "teaching."  You seem to imply you help them with the legal proceedings as well.  The case you listed was your own from 4 years ago, not that of one of your "students." 
I agree that everyone, including myself, should try and tone it down a bit.  But Mike H, if you're going to assert what seem like fantastic legal claims, try and be a little professional about it by citing legal authority or ascertainable facts.  For example, if you claim the UCC says you have to be a "person entitled to enforce" the note in order to foreclose, that would look like this:
In order to foreclose, the bank needs to be a "person entitled to enforce" the note.  UCC 3-301. 
Or if you claim that a court upheld the longstanding rule that the mortgage follows the note, but not vice-versa, you would say:
Because MERS' authority only extends to what is specifically authorized by the lender - which here included only the right to assign the mortgage but not the note - the transfer of the consolidation agreement to the trust was void.  Bank of N.Y. v. Silverberg, 2011 NY Slip Op 5002, 4 (N.Y. App. Div. 2d Dep't June 7, 2011).
 
 
John Anderson,
 
To post here, one need not be a successful trial lawyer.  But if you 1) claim to not be an attorney, and 2) offer your services to 'help' homeowners using fantastic claims, then you need to back up what you're saying in order to protect homeowners in this forum from being led astray by charlatans and scam artists.  So if Mike H posts just one example of his claimed many successes, or if he can back up his legal arguments with authority, as I demonstrated above, then all is good - reasonable peoples' opinions can differ about the same set of facts or law; but you can't make wild assertions without citing legal authority or ascertainable facts - that is the hallmark of a scam artist
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Mortgage is a debt instrument that is secured by the collateral of specified real estate property and that the borrower is obliged to pay back with a predetermined set of payments. Mortgages are used by individuals and businesses to make large purchases of real estate without paying the entire value of the purchase up front. MERS as beneficiary is a great opportunity for the company.
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Wells Fargo and Fannie Mae are being sued by the AARP over foreclosure practices concerning reverse mortgages. The advocacy group for elderly persons suggests the 2 businesses breached guidelines for reverse mortgages. People were apparently denied the right to repurchase houses that they were eligible for. Wells Fargo, Fannie Mae sued for reverse mortgage foreclosures. The suit alleges that Wells Fargo and Fannie Mae ignored these rules by trying to foreclose on homes, evict the residents and put the homes on the market without allowing heirs to make an offer, which was their right. Reverse mortgages do have benefits.
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