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 am in need of supporting laws, procedures, etc., on a situation that I have.

I'll try to put everything in a "nutshell":

07/2008 - Foreclosure filing - Bank "A" (not disclosing in case they review this forum)
01/09/09 - Motion to Substitute Party Plaintiff to Bank "B", Order, etc. then Judgment Foreclosure/Sale (reflecting Bank "A"!?!?!) same day
06/09/09 - Received "mort mod" paperwork (yea, $150 MORE that original pmt.)
06/12/09 - Sale stayed
07/01/09 - 1st pmt made
Was in accident 07/21/09 - lost income - no pmt 08/01/09
Filed BK Ch. 7 08/17/09 (to try to force bank "A/B" to renegotiate)
08/20/09 - Bank "B" filed Relief of Stay
08/25/09 - Filed Motion demanding Original Mort Note w/ Wet, Ink Signatures, etc.
08/26/09 - matter continued for Bank "B" to disclose by 09/11/09
09/04/09 - Bank "B" replied, with court docs from foreclosure action, claiming "colorable claim" (BUT, did not send until 09/08/09, not 09/04/09, as was stated in the "certification of service)
09/15/09 - BK Judge granted relief
09/25/09 - Motion to reconsider order
then today 10/05/09, court still allowed relief, even though I brought forth more evidence, including proof that Bank "B" did not have "colorable claim", as they still did not present docs that were demanded, and even stated Bank "B" did not have assignment recorded in the County Recorder's Office, further asserting they did not have a "perfected title".  I even included the recent Kansas Supreme Court ruling on MERS.

But, here is the kicker of this whole thing.  This afternoon, I received my mail.  In the mail was a letter from BANK "A" , stating that they "have determined that we are canceling your request for a loan workout because of broken plan (trial plan for 07/09-09/09).

As a result of this decision, we have no choice but to CONTINUE with the NORMAL DEFAULT SERVICING activities commenced on this loan before your workout request was submitted.
 
So, I not only lost the case with BANK "B" on the Motion for Relief of Automatic Stay, NOW I have a letter from BANK "A" wanting to continue foreclosure as well!!!!  (WOW, TWO FORECLOSURES for the PRICE of ONE MORTGAGE!!!)

I need to know the protocols, supporting laws, etc. to file a Motion for Emergency Injunction of the foreclosure and sale, and requesting hearing on OBVIOUS FRAUD!!!!

As a matter of note:  I was already prepared to file a Motion to Reconsider the Reversal of Judgment of Foreclosure and Sale, depending on the outcome of the determination of the BK Court.  This currently has 8 pages, and I was going to include the arguments in the BK Court (that the BK Judge actually stated that I COULD AND SHOULD), as well as other supporting evidence found during further research.  Do I also include all this in the Emergency Injunction, or do I just use the KISS method initially, hoping that the outcome is that the judge dismisses due to blatant fraud, and conveying "quiet title" in their judgment? (If I can request that in the initial Motion as well, with the supporting evidence of a DUAL FORECLOSURE for ONE mortgage?)

Any helpful hints and suggestions, if possible TONIGHT, as I need to file this TOMORROW. (Or do I need to wait till they file something first???)  Thanks in advance for any/all help!!!
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h gosh
Look very closely on the wording of the documents.  Is Bank A foreclosing on the Note and Bank B foreclosing on the mortgage or visa-versa?  Was your "note" and/or "mortgage" securitized (look for Trust or Trustee in the papers)? 
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Sara
Oh my...seems like everyone and his brother wants to foreclose on your home.  It's the "gravy train" syndrome!

It seems to be a game they like to play.  Bank A starts foreclosure process and makes you believe they have sold your loan.  Bank B actually is the loan shark that is the new servicer.  Once you end up 20 minutes late on a payment or don't make the payment, they both take action to see if they can stick you owing both for the same mortgage.

If Bank B doesn't have the note recorded, I really don't think they have any type of stand without proof.  But each state has it's own laws.

Best of luck,

S
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Philip S.

i have a very strong feeling this will be happening to all of us

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Thanks h gosh and Sara for your support and suggestions!!!

Sara, you have made a great point.  As far as I can tell, a perfected title, in any state, needs to be recorded as such.  So failure of Bank B to record an assignment of title, you are right, they really should not have have standing.  Thanks for your imput!!!

h gosh,

WOW!!!  I just relooked at the original Complaint to Forclose Mortgage.  It states that "Attached as "Exhibit A" is a TRUE COPY of the mortgage.  Attached as "Exhibit B" is a true copy of the Note.  (I don't know how many times I have read these things, and never noticed it until you pointed it out!!)

WELLLLL -- the TRUE COPY of the mortgage is a COPY of the RECORDED mortgage, NOT the ORIGINAL (the labels from the recorder's office are reflected on the copy).

Then the Adjustable Rate Note follows WITHOUT the recorders labels.  However, it is stamped "ALLONGE ATTACHED" on the first page.  The allonge states the following:

(My observation:  There is no date of WHEN this allonge was attached or executed.)

Allonge to Promissory Note

Pay to the order of:

"Bank A"
(address given)

Without recourse by
(The Originating Bank)

Borrower: Us
Note Date:   3/23/05
Loan #
Loan Amount:  $$$
Property Address:  Lists address

NOW, down at the bottom of the page is a STAMP.  It says the following:

Pay to the order of (this is BLANK)

Without Recourse
Bank A
By:  (Signature already in place)
Vice President

Just a thought, if even ONE transfer, assignment (or whatever they call it today), and the "Pay to the order of" is filled in, then it is MY UNDERSTANDING, Bank A would have NO RECOURSE (or the inability) to foreclose.
 
Now, in respect to the "open ended" stamp.  This actually scares me.  ANYONE that is unscrupulous could make a copy of the allonge from the court records, put their signature on it, make a copy of the of the document, "create" an "assignment", then go into court alleging THEY had rights to the property (as they could also make a copy at the recorder's office of the mortgage as well, and NOT have the ORIGINAL mortgage.)  HMMM, maybe this could be an argument for me as well!!

As a matter of note, I was in court yesterday.  I had requested an Emergency Injunction, which was shot down, rightfully so, as the judge pointed out, that I had not yet been served with the new sale date.  However, he did continue the matter for hearing for Injunctive Relief this Friday.  So, once again, lost the battle, but still have not lost the WAR!!!

Also, for you Pro Se litigants, whenever you file anything, or before you SAY anything in the court, make sure you put this statement in, as it protects you from inadvertent error in your arguments:

We, (your name(s)), respectfully request the indulgence of this court as we are not schooled in law, provided by the precendent set by Haines VS. Kerner at 404 USS 519; 1972.
 
It will NOT protect you from purgery, fraud, contempt, etc., so make sure you have PROOF of all your allegations, keep EVERYTHING, even ENVELOPES, as those envelopes can have bearing (sp?) of other arguments.

As an example:  I received the movant's reply and answer on 09/10/09.  Their certification of service filed in the court, stated they also "mailed said...on September 4,2009."  The POSTMARK reflects September 8th, 2009, 4 days later.  I had brought this up in court, the judge reserved the matter for future for possible "inappropriate conduct" of counsel.  All you gurus out there, do you know of the laws, procedures, policies, etc. that states I can impose sanctions against counsel for inappropriate conduct?

I also brought up THE SAME DAY, that Bank A had called me AFTER my BK filing, demanding August's payment.  I had asked if they received the notice of BK (DUUUUHHHH!!!!), they said "Yes", but I still have to make payments.  They also went on to ask what my intentions were on whether or not I would be making the payments, and if not, DEMANDED WHY.  Well, dummy me got so agravated with the situation, I opened my big mouth why I wasn't (financial reasons).  They stated that they would notate that on the account.  Still kicking myself for it!!!  I know I read something in the Fed BK rules about once creditor "knows" (whether it be by notice, or after you tell them), the only thing they can ask is what district it's in and the case number, then hang up.  But, for some reason, I can't find it --- Can anyone help???

Sorry for the "long-winded" version - but thought it might be "good reading"  
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h gosh states:  Look very closely on the wording of the documents.  Is Bank A foreclosing on the Note and Bank B foreclosing on the mortgage or visa-versa?  Was your "note" and/or "mortgage" securitized (look for Trust or Trustee in the papers)? 

I wanted to keep this a separate answer.  Bank B filed a "Motion to Substitute Party Plaintiff".  It states:
 
" Subsequent to filing the complaint, this loan has been transferrd to Bank B.  A proper assignment of mortgage has also been executed transferring all right, title and interest to the mortgage from Bank A to Bank B."
 
Nothing states trust or trustee.  HOWEVER, I have had a number of conversations with bank A after the foreclosure, during the mort mod period, in which I asked who the owner of the note was.  Their response was "Deutsche Bank Trustees" (no, I failed to write down the dates/times/persons, in case you were to ask).  In April, I DID get a name, who said that there were THREE transfers of title, and he proceeded to give me the dates.  He was unable to give me the names of the parties in the transactions though.  He said there wasn't anything on the screen.
 
Does this help?
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h gosh
Dear derson:

I now direct you to http://livinglies.wordpress.com/ .  You will find mostly everything you need there.  Also, make sure you go to the legal library at this site.  Come back with any questions you have.  Good luck!!

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Sara
derson:

You stated in your last post about the transfer from Bank A to Bank B.  Could you have possibly used that as proof that Bank A had no rights to foreclosure?

It is SO important that you keep your composure when in court.  They want to catch you off guard and trip you up!  If you don't really know how to answer a question, you can always say "I am not sure at this present moment" or "I'll have to get back to you on that issue".

Wishing you the best of luck! And no, they haven't won the war yet.

S
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Sara,

Sorry for the delay in getting back to you.  Friday, I was in court, and had TRIED to bring that up (which I was already planning to, but thank you for the suggestion), but the judge CUT ME OFF, and so I was unable to give further testimony (hmmm, can u say violation of my 14th amendment rights of Due Process?!!?!?!).  Ultimately, the judge said that I "should have brought that up during the redemption period".  That, in itself is a "rats nest" of sorts (they continued with the FC, even though I was in mortgage modification - didn't know I could go to court when judgment of foreclosure and sale was rendered to tell the judge that.  If that was the case, the judgment would not have been granted.  Oh, BTW, I was never notified of that court date, so how could I, even if I DID know I could do that.)  By the time modification was approved, it was the end of JUNE, two months AFTER redemption period expired.

I am appealing this - using everything I have.  Hopefully, I will be allowed to bring forth ALL the evidence of this monstrocity (sp?)
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Just a little update on this whole fiasco.

I just checked the sherriff's sale listing, and guess what--- we're back on it. (Surprise, surprise, surprise  )  But, here is the interesting part, it is not scheduled for sale until APRIL 16, 2010!!!
 
It also shows the "original" bank as the foreclosing party, not the "successor in interest" party.  OK, can you say "tag-team"?!?!?!  Evidently, even though I had a corrupt judge, they evidently saw something wrong, and started the whole process over???  Does this mean that I now have that "four month redemption", or the ability to bring question like I was unable to before??? (Because I was in their "loss mitigation" during that time, so I didn't think I "needed" to go to court to question anything?)

As I said before, I may have lost a battle, but I have not lost the war!!!
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Sara
What a nightmare!!

S
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The Equitable One
Since this post has popped back up I offer the following:

Evidentiary rules may offer some insight or solution. Look in section 902. You will likely find that a signature of the custodian of records is required, and that it must needs be under oath, in order for the documents to be admissable as evidence.

I can't say what your states evidentiary rules are. Section 902 is the Federal Rules of Evidence.

Section 1002 also deals with "copies" so you might take a look at that as well.

Here is a link to the Federal Rules of Evidence with Cornell Law:

http://www.law.cornell.edu/rules/fre/

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