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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Ginger
My friend just got another notice of loan transfer, this time the first mortgage (already pending foreclosure) has been transferred from BAC to BOA, N.A. The pending foreclosure names BAC/FKA CW as the plaintiff. Does this mean BOA, N.A. will have to refile the foreclosure suit? Fannie Mae is the alleged investor.

Should he be objecting to anything about this or just let the plaintiff trip on its own shoelaces in court?

His second mortgage, which was transferred to BNY Mellon some weeks ago, also was transferred again from BAC to BOA, N.A. Any payments for either mortgage are directed to BOA now.

Does anyone here know what is going on with the sudden transfers?

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FnDoomed
One would think so, but I'll defer.  Corporations are legal entities (persons) after all right ?   If "Joe as servicer for FNMA" is suing me in court, but Fred is now servicing the loan for FNMA, then in what capacity does Joe remain in court?  

I'd think that a substitute plaintiff would need to be filed for the case to proceed.

 Again I'll defer to those more knowledgeable, but I wonder if just appearing in court with a copy of the "welcome" letter from the new servicer and simply saying "The plaintiff has no longer has any interest in these proceedings.  Motion to dismiss, please." 

Your friend would have to say something at some point though, if HE doesn't object to standing nobody else will.  Judges that do things benefiting the home owner sua sponte are few and far between.

This also touches on the thing WR and I mentioned last week.  If the loan was transferred after default then BOA NA appears to me to be a "debt collector" and subject to the FDCPA and FCRA.

This is still vague in my memory but I think a debt collector has to send you a dunning letter stating they are a debt collector attempting to collect on a debt.  If you dispute that debt, they have to follow up within 5 days with a legal full validation of the debt, which is NOT just a copy of a statement.  They are also supposed to report to the credit bureaus that the debt is being disputed.

I've read some stuff from people that goes like:
1. Get copies of your credit report from all three agencies
2. Dispute the debt with "debt collector" and demand validation
3. Wait a month
4. Get new copies of credit reports - they should reflect the dispute - they won't
5. Repeat steps 2-3-4 some number of times
6. Sue them under the FCRA.

A top-of-google unresearched example is this:  http://www.strasburger.com/fcrablog/template_permalink.asp?id=144

Another reason IMO that federal allegations/violations of FDCPA, FCRA & RESPA are important is that they give you a reason to remove a case out of state foreclosure court to federal court, which if nothing else always allows you some more time.  I know somebody who (claims to) has used this trick several times while staying in her house several years post trustee sale.

It seems to me that developing some level of expertise in FDCPA and FCRA might be a good idea.


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