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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My mortgage company - nameless - BUT when wikileaks leaks them - I will jump for joy.

My mtg
I sent in payment. I actually did not realize but I sent in an over-payment by mistake. The reinstatement letter - gave me instructions and a quotation - it stated - waiver of atty fees if paid Net Due. I did not realize that these f88kers did not deduct atty fees. This means if - the letter is/was giving me the incentive to pay IN FULL - which I did BUT the letter also means I could pay a PARTIAL PAYMENT

I DID NOT PAY A PARTIAL PAYMENT
I paid the NET DUE - the full amount - including the atty fees
I over-paid over 1200.00

The f88kers sent back my certified funds - stated not enough money
I have sent in my monthly mortgage payments for each month thereafter and each month they have refused my payment - each time - I am given a different reason.

I have not retained an atty officially yet, I am writing a letter to the government - OCC and others after free advice from an atty.

I am just about done with my letter to the government.

I have two questions.

Question #1
Are there any legal grounds for me to fight my mtg co and state they have absolved me from the past amounts, that they have legally relieved me of any requirement or obligation for all of the returned personal and certified funds, since they are refusing my payments.
I have 6 months of documentation backing me up.

PS
They have not officially served me or publicized foreclosure action against me. THUS I HAVE NOT BEEN SERVED.

Aug-Oct
I know there is a Lis Pendis filed as I got at least 30 attys who sent me flyers in the mail.

Nov-Dec
I started receiving once again - past due notices from my Mtg Co.

Question #2
If there is a lis pendis filed, and if one has not been served or if they have been served, has my mtg co negated the lis pendis when they started mailing me letters - thus started corresponding?

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Chances are someone will be along soon to answer your questions.

The reason servicers will treat as a hot potato what they believe is a partial payment when they believe the loan is in default is this.  If they accept a partial payment on a loan that is in default and fail to notify the borrower that the payment is less then the amount due, then the borrower can make the case that the partial payment cured the default.  It falls under the doctrine of laches:

http://en.wikipedia.org/wiki/Laches_%28equity%29

In other words if you snooze, you loose.  This is not legal advice but it is what I did years ago and it worked.  Sue them for perhaps for breach of contract before they file foreclosure.  Then in order to demonstrate to the court that you are serious and not a deadbeat looking for a free house, place what you believe you owe in escrow with the court and then make all future payments to the court’s escrow account.  

In my case this action fell way outside of what the foreclosure mill was accustomed to doing and they missed an important filing date and I got a summary judgment.

You will need a lawyer and if you look deep you may find one who would like to have fun with you servicer.  Good luck.

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I have never heard of latches. I think I might have had that type of case. Too late to do anything now, but this information might help others.

I was granted a forbearance payment, which I paid early, and the lender said it would work on a "permanent solution" while I was paying that payment for six months. I kept getting notice of acceleration letters, with a due amount and a certain number of days to cure, but the bank kept accepting my payment for six months after the forbearance term expired. They supposedly were processing a loan mod.

I think I might have had the account paid up (latches) beginning the seventh payment and no result from the loan mod. I finally stopped paying because they told me the arrears had accrued so high that I was underwater. In effect, the bank's delay stole every cent of my equity. Now Fannie Mae guarantees the bank the FULL amount due.

Thanks for mentioning latches. What we don't know can hurt us.

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Way To Go wrote:

Chances are someone will be along soon to answer your questions.

The reason servicers will treat as a hot potato what they believe is a partial payment when they believe the loan is in default is this.  If they accept a partial payment on a loan that is in default and fail to notify the borrower that the payment is less then the amount due, then the borrower can make the case that the partial payment cured the default.  It falls under the doctrine of laches:

http://en.wikipedia.org/wiki/Laches_%28equity%29

In other words if you snooze, you loose.  This is not legal advice but it is what I did years ago and it worked.  Sue them for perhaps for breach of contract before they file foreclosure.  Then in order to demonstrate to the court that you are serious and not a deadbeat looking for a free house, place what you believe you owe in escrow with the court and then make all future payments to the court’s escrow account.  

In my case this action fell way outside of what the foreclosure mill was accustomed to doing and they missed an important filing date and I got a summary judgment.

You will need a lawyer and if you look deep you may find one who would like to have fun with you servicer.  Good luck.

BUT - my mtg co - gave me the option to make a partial payment - hence if I paid the Total Net Due  ATTY fees would be subtracted (which they did not subtract and I did not notice that until I sent my Certified funds - I  ACTUALLY OVER-PAID - THEY REFUSED MY OVER-PAYMENT & they want more money - according to their letter. In any case - the letter gave me two to obtions
1. Pay the Full NET
2. Not Pay the Full NET.

I have legal documetation from these morons giving me the right not to Pay the Full Net Due.

I was at a local branch and they as well stated I can pay a partial but they advised me against it, as the remainder would be attached to the back of my loan.

So it make no differences if these servicers think I made a partial payment (which was an option given to me).

I have a letter from them detailing the reinstatement figures - I sent in my Certifed Funds according to this letter
I over-paid over 1200.00
No one has communicated to me what the supposed Net Due is

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