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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Sean
I wanted to strike part of the Bank's complaint.  Anyone have an example to get me going?

I have just general statements and statements that conflict. 

The note and mortgage were transfered by the previous owner.

I'm unhappy with this general and ambiguious statement.  Can I strike this or ask for a more definitive answer? 

MERs is the Mortgagee and the originator is the lender.

Again a clear conflict.  the Mortgagee and lender are the same.

From Landmark v. kesler....................

The "mortgagor" is the borrower who grants a mortgage in exchange for a loan; the "mortgagee" is the lender who gives the loan secured by the mortgage. See Black's Law Dictionary 1031, 1034 (8th ed. 2004). The mortgagee is so well understood as the lender that Black's Law Dictionary defines a "foreclosure" as an action brought by the lender/mortgagee: a foreclosure is a "legal proceeding to terminate a mortgagor's interest in property, instituted by the lender (the mortgagee) either to gain title or to force a sale in order to satisfy the unpaid debt secured by the property." Black's Law Dictionary 674



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Margaret
Here are several examples. Hope that helps.

http://www.docstoc.com/search/motion-to-strike?catfilter=1
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Here is another sample
http://www.msfraud.org/LAW/Lounge/DeutschevMassey/motiontodismissfloridaforeclosure.pdf

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