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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I filed a motion to dismiss a foreclosure based on fraud on behalf of Ocwen. The bank gave their answer which was strictly based on me not having the right to file the motion because am not the mortgage holder. (I bought the property and received title to it thru a drug forfeiture auction but it was subject to the mortgage lien). Anyway, I had previously gone to court to stop the sheriff sale and the sheriff sale was postponed for 2 months. At the hearing though, the judge told me to orally request a motion to intervene which he granted on the spot. I filed this motion to dismiss prior to the new sheriff sale date, but the bank went ahead and bought the property at the sheriff sale. I then filed a petition to vacate the sheriff sale which has not been decided yet.

I just received a denial of the motion to dismiss based on "improper form". I guess in looking at what I submitted and what the plantiff submitted as a proposed order, mine was procedurally incorrect.

What do I do now? Can I just resubmit the motion?

This is in Philadelphia court.

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h gosh

Did you bring the action forward in equity or to quiet title?  Was the motion dismissed with or without prejudice?  Once again, the people of PA are experiencing the slight of hand of our representatives who passed a law in the wee hours of the morning stating that you do not have to be a note holder to foreclose on a mortgage.  They have legally allowed the bifurcation of the note and mortgage subjecting the Citizens of PA to double jeopardy!!!!!  Tomorrow is election day - Vote and get the bums out!!

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Sara
This is what burns me...you do what the judge tells you to do and then...grrr...

S
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Well they EMC tricked me by not modifying my loan.Did i expect them to or get my hopes up no.And when they first filed the foreclosure it was Lasalle Bank National.Now they have Bank Of America there.But the judge told me and there attorney i can reopen the case on the grounds that when it was filed it was Lasalle Bank and now bought by Bank Of America.I just filed di my 4th motion to stay the sheriff sale.Where do i go from here?How could they be allowed to continue on with the foreclosure when Lasalle filed it in Febuary of 2007 and went under in October of 2007?This is where i am told i can reopen it.Someone help me.Thanks,Mark
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Digger
Go to the County Recorder and get a copy of every piece of paper filed on your property.

As h. gosh stated, EMC does NOT own your loan; LaSalle does NOT own your loan, and Bank of America does NOT own your loan.

None of the above have standing to foreclose and by getting a copy of the file on your property, you will have the evidence needed to stop them. You can show the judge that BA doesn't have standing to foreclose and the judge must dismiss it.

None of these entities can prove they funded your loan and therefore can not claim they were injured. As I see it, without proving injury, there can be no case. They are trying to defraud the court so they can cover up their fraud. Who is they? ALL OF THEM!
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I read whatn you wrote back to me and it waas very interesting.I intend to file something on what you said that neither EMC,LASALLE BANK,OR BANK OF AMERICA has a thread to stand on.Since the begining of my research and checking with the court and seeing how many times the house was bought made me wonder.And all along i even told the judge i feel there is fraud being commited here and how are they still moving along.I was told i needed to and have the right to reopen the case and there attorney's were told by the judge i have every right.And i may try to seek damages from all the stress and so on.(BUT WHAT PAPER DO I FILE AND HOW DO I FILE IT?)I want to get this going before the holidays cause the nextsale is scheduled for 1/7/10.Please call me on my cell.I normallt do not do this but it is my cell so i am not worried.Please give me some idea on where to start.Thank You and God Bless you.Mark Strohecker

cell number (724)971-6034
PLEASE TELL ME WHAT PAPER TO FILE.PLEASE DON'T BACK OUT ON ME AND CALL IF YOU PREFER
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