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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FnDoomed
Here's the theory: Any unlawful act is by definition "unfair"

Got a case to cite? Im in USDC NH, 1st circuit. Even extra jurisdictional authorities are welcomed..
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Moose
I don't think you're going to find anything that supports that.

"Fairness" is too-slippery a slope to be considered in contract law because it is always subject to interpretation - which is anathema to contracts.

An "unlawful act" is just that - unlawful. Why it was deemed unlawful may have some roots in the concept of fairness, but it would then have to define what the parameters of the specific behaviors are.

Just my opinion.

Moose
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jlcam37
Get a legal dictionary and use it!! Much better words exist, misrepresentation, fraud in the inducement, adhesion contract, etc. Be objective not subjective. Courts want facts without your emotions included not accusations that waste their time. Banks do not have a fiduciary duty to a borrower their loyalty lies with the investors.
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FnDoomed
I'm trying to prosecute UNFAIR and deceptive trade practices so I think unfair is a fair choice of word ...

Something like this:

Jerman v. CARLISLE, McNELLIE, RINI, KRAMER, 130 S. Ct. 1605 - Supreme Court 2010 ("With some exceptions not relevant here, violations of the FDCPA are deemed to be unfair or deceptive acts or practices under the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq")

Don't want or need to extend this very far, but still...

Cases are good.
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TheEquitableOne
Not completely on point, but perhaps it will lead you in a useful direction.

A local case has recently come to my attention. Summary judgment was denied by the Circuit Judge based in large part on the plaintiff bank not adhering to the implied covenant of good faith and fair dealing. The case cited is Ranier v Mount Sterling National Bank, 821 S.W.2d 154 (Ky. 1991). A portion of the text from that case includes other potential resources in re "good faith and fair dealing.

"In every contract, there is an implied covenant of good faith and fair dealing. 17A Am Jur2d Contracts section 380; KRS 355.1-203. Indeed, it may be said that contracts impose on the parties thereto a duty to do everything necessary to carry them out. Beech Creek Coal Co. v. Jones, Ky., 262 S.W.2d 174 (1953)."

Effective July 12, 2006 KRS 355.1-203 has been rewritten.

It appears the language relating to "good faith" is now found in 355.1-304 Obligation of good faith.
"Every contract or duty within the Uniform Commercial Code imposes an obligation of good faith in its performance and enforcement."
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FnDoomed wrote:
Here's the theory: Any unlawful act is by definition "unfair"



Turn it around and ask how will your opponent shoot your theory down. If it were me, I would argue it is not relevant and does not apply.

"Fair" as in fairness, is an equaulness. An understanding between all involved as how it should be. Equal standing. Being "Unfair" shows a lack of morals or lack of charactor, but does not equate to criminal behavior.

Why do you need for unfair to be inclusive with unlawful? Why can't you present both, seperately but joined by actions of the defendant?
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jlcam37
I rest my case. It started with looking for furtherance of fraud which would not have worked so, I directed you to fraud in the inducement (as in a contract)or fraudulent conversion of property (not loaning any money, securing your property as their collateral, and you pay them for nothing)isn't gonna work. The law and court system comes around very slowly but it is starting to catch on, you have to teach them, they are overloaded.

here is a link to what I was saying on a direction to move towards. It is not fool proof and hasn't gained in being known but eventually will work. Let me know what you think.

http://livinglies.wordpress.com/2012/09/04/cancellation-of-void-instrument/
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f
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I rest my case. It started with looking for furtherance of fraud which would not have worked so, I directed you to fraud in the inducement (as in a contract)or fraudulent conversion of property (not loaning any money, securing your property as their collateral, and you pay them for nothing)isn't gonna work. The law and court system comes around very slowly but it is starting to catch on, you have to teach them, they are overloaded.

here is a link to what I was saying on a direction to move towards. It is not fool proof and hasn't gained in being known but eventually will work. Let me know what you think.

http://livinglies.wordpress.com/2012/09/04/cancellation-of-void-instrument/

This is the sort of nonsense that will result in almost immediate loss of one's home, imposition of sanctions and destruction of borrower finances.

NOTHING that can be found at the Living Lies web site is trustworthy. This site is operated as a scam by the king of the debt elimination scam operators! Mr. Roper had once posted extensively about this, but most of his expository posts have been removed from this site. (Some can still be found by searching Google and then looking at the Google web cache rather than following the link to the MS Fraud Forum, which has betrayed distresssed borrowers by deleting these extraordianrily important posts.)

The Federal Trade Commission has posted express warnings about debt modification scams and debt elimination scams, to include the "securitization audits" peddled by these swindlers!
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FnDoomed
I'll think for my next trick, I'll build a program to interface with this forum that lets you simply pick and choose who to highlight, and who to ignore...
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jlcam37
There sure is some closed minded and rude people in this forum that disregard issues instead of researching the possibility. Everything I say goes over your head. If you don't like livinglies how about this,

Illinois Bankers Association submits request for comment to Supreme Court Foreclosure Committee ( Page 3 Paragraph 2) Illustrating a case in point on foreclosures that would be dismissed as a matter of law if new rule adopted.

https://docs.google.com/viewer?a=v&q=cache:M-3c8B0BmP8J:www.state.il.us/court/supremecourt/Public_Hearings/Mortgage_Foreclosure/Practice_Procedures/2012/iba.pdf+illinois+bankers+association+admits+notes+are+non+negotiable&hl=en&gl=us&pid=bl&srcid=ADGEESgmaH9QvuecWHsi4-VFdEgNUVmVwcS_X_Oumecx8KSjMA2p7fW2uAnuLMGu135o3Af7ISUX9uzNWu6s-mkGV9i4cvpTUK8FbXv499KEao6NUeZ8YTeLHznO7qbngsGv6YN-qhL-&sig=AHIEtbSSmZM-3ntlJZDc7kOXU_sJNYx5QQ


Also See Dissenting Opinion (COPE J.)in

Eugene SIMMS and Christine SIMMS Appellants v NEW FALLS CORPORATION Appellee 37 So.3d 358 District Court of Appeals Third District May 26, 2010


If your next comment is another pessimistic bashing and new super duper software to exclude certain people that aren't as smart as YOU ARE, then stick to the software job, your to closed minded to get it.

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Ansel
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There sure is some closed minded and rude people in this forum that disregard issues instead of researching the possibility. Everything I say goes over your head. If you don't like livinglies how about this,


People are disregarding you because you are a fool. Living Lies is a web site operated by a scam artist who is seeking to swindle distressed borrowers.

Anyone who shows up at this site seeking to champion useless strategies promoted by swindlers deserves no respect or attention.
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