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 Broward County Florida. I have written three demand letters trying to find out what the hell is going on with my foreclosure case. I had two appts the last one was on March 16th 2011 - The last demand letter was sent on Nov 11 and have never gotten any responses back.

My foreclosure case involves

Sept 9 2010 - I contacted BofA to find out/ get a statement as to what I owe.

Sept 21 2010 -  I received a notice from BofA - "We are in the process of obtaining the documentation and information necessary to address your questions and comcerns. We will provide a more complete response within (20) business days" - this notice was date stamped  September 17

Sept 24 2010 - I received the supposed calculations - some 6,000 - 7,000 which included atty bull fees some 3000 plus - this letter was date stamped Sept 14th - some 10 days after it was received and the previous letter above shows that something it truly amiss AS - THE DUE DATE TO PAY WAS SEPT 23. THIS LETTER WAS SENT WITH A PAST TENSE DUE DATE. This letter with the PAST TENSE DUE DATE - gave me several options
1. pay in full
2. pay partial payment

Sept 29 2010 - I arrived at a local office and they called the foreclosure dept and confirmed that I can still pay the amount calculated and I was told that I could mail the check in. The Bank advised I make the full payment / not the partial payment - which I chose to send in the full payment

I SENT OUT CERTIFIED FUNDS

Oct 1 - I mailed out the Certifed Check

Oct 20- I received a notice and they returned my check and are trying to extort more money from me "Please note that additional funds may become past due until your account is brought fully account" - here comes the good part:

1. Their letter states - had my check since Oct 5th
2. Their letter is dated - October 13
3. The envelope is Pitney/Bowes metered AS OCT 14 - but was not mailed until days later since I did not get this letter aka the extortion until TODAY WEDNESDAY OCT 20
4. THEY HAVE NOT SENT ME ANY LETTER INFORMING ME WHAT THE NEW EXTORTION AMOUNT IS.


In additon to what hasd happened -

I did go to my bank that issued the Certified Check - they are astounded that BofA refused to check, they said the check is still good, and the check that was returned - has stamped initials on the front and some numbers and letter stamped on the back, as if they were going to process the check and then changed their minds. 

Oct 21 - I went to the BofA Branch and spoke to Bank Manager Ray who was astounded that his Bank refused my full certifield payment. He checked the banks phone records, spoke to the Branch advisor who helped me previously, this person acknowledged that yes she and the foreclosure rep on the phone had advised me .... and this Bank Manager Ray stated - well maybe we gave your wrong advise and you will NOW have to pay more money.

I TOLD THIS MORON TO F88K HIMSELF

OH YA - The certified funds that I submitted I did not realize because I am a MORONIC IDIOT - I sent in an OVER-PAYMENT - the reinstatement letter stated - if paying in full - the foreclosure atty/trustee fees would be waived and that The NET TOTAL DUE - would reflect that - WELL - NO FEES WERE WAIVED

This letter from Bank of America is a total FRAUD
1. WAS MAILED SO IT WOULD BE REC'D WITH A PAST TENSE DUE DATE
2. THE WAIVERS WERE NOT CALCULATED IN THE NET TOTAL DUE
3. Informed me that I could make a full or partial payment

My Bank refused to accept my over-payment
My Bank refused to accept my over-paywent as a partial payment

It took many many months for me to find an attorney who would respond back to me, who kept their appointments, who knows more than filing for bankruptcy etc.... During this time I kept sending in monthly payments until I found an atty. All of my monthly payments were rejected.

I thought I finally found an attorney so I thought. I have paid this attorney 5,000 dollars and have not gotten any feedback regarding my case. These bastards have refused my Sept-Oct-Nov letters demanding that give me info.... These bastards told me that they will
1. file motion to dismiss since I was never served
2. will find out who the new atty/law firm who uis taking over this case
3. will contact this new atty/law firm and let them know the fiascle regarding the Reinstatement letter and my attempts to pay ans request that all be attached to the back of the loan - less those fees that were not calculated in that letter
4........

 
I have no clue if any of the above has been done because these bastards refuse to correspond with me -

I have no clue if a new atty has been assigned as I still have not been served - since aug 2010. This was when I started getting adverts in the mail from attys (those are all a waste of time)
 
I have written an extensive letter to The US Goverment - Jan 2010 detailing everything about BofA - I did receive a letter back from The US Govt with a case number and BANK OF AMERICA HAS NEVER RESPONDED.

I AM 5,000 DOLLARS POORER
I HAVE NO CLUE IF THESE F88KERS DID ANYTHING
I HAVE NEVER BEEN SERVED PAPERS -
THE ATTY SUPPOSEDLY IS THIS dAVID STERN.

I NEED TO FIND SOME ATTORNIES THAT CAN
1. GO AFTER THE LAW FIRM WHO HAS STOLEN MY MONEY
2. A FORECLOSURE ATTY

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George Burns
How do you know that there is a foreclosure case if you say that you have not been served?

If a foreclosure case has been started, Why would you be writing "3 demand letters"? It is not clear as to who you wrote these demand letters to.

You wrote, "I have written an extensive letter to The US Goverment - Jan 2010 detailing everything about BofA - I did receive a letter back from The US Govt with a case number and BANK OF AMERICA HAS NEVER RESPONDED." Where in the vast US Government did you write to? You got a case # for what sort of case? Why would you expect BofA to respond to a letter sent to someone else?
 
There are many other questions that need to be asked in order to get some understanding of what you are trying to explain.
 
I also wonder why attorneys would not respond to you.


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I would do the following : 

1.  Go on line , search for Broward County Clerk of Court website , Civil cases, look up your name to find the foreclosure lawsuit against you, look up the case number and print out the Court Docket. The Court Docket is a detail info roadmap about your case and what pleadings have been filed for you; the Bank attorney's name and the Judge presiding the case.

2.  Go to the Court House and request the clerk to give you your lawsuit file for you to review. If you can't find your case number on line, the Clerk will find it for you by your name search. Make copies of all the documents in your file and ask the clerk to print out the Court Docket for you.

3.  Email your attorney every week , requesting them to inform you what have they done in your case. Keep the e-mails as written document.  After 2 emails if they still don't respond, send 3rd e-mail and inform them if you don't hear from them in 5 days, you will file a complain with Florida Bar to ask your money back. By law, your $5000 is a retainer, the attorney has to justify how many hours he spent on your case to bill you. If he did nothing, you can file complaint with Florida Bar at http://www.floridabar.org/.

Save your Retainer Agreement and copy of the payment check.

4. If you were never served, your attorney can filed Motion to Dismiss due to Lack of Jurisdiction. The law says if you were never served, the Court does not have jurisdiction over you therefore the lawsuit is void.  If the Bank attorney withdrew, it is possible that your new attorney has to wait until the Bank appoints new attorney so your attorney can serve them the Motion to Dismiss.Check in your docket to see if there is any Notice of Appearance from Bank attorney. However, if your attorney does nothing, you may end up with a Default Judgment which is not good for you at all. You have to check the Court Docket as soon as possible.

5. Good attorney usually inform their clients of the case info. However, most of the time they are busy as they have many cases to handle. So it is the client responsibilities to follow up his own case and keep himself educated in the foreclosure defense field. It is best to communicate with your attorney by email so you have written documents and it is easier for the attorney to email you pleadings . I check my Court Docket online every 3 days and I request my attorney to send me draft pleadings before filing it so I can discuss it with him if needed.

6.  There are many elite foreclosure defense attorneys in Broward, I hope you hire the right attorney to defend your case. If you send me his name at ocean11@the-beach.net, I will send you and him foreclosure defense seminar material.

I keep repeating to forum readers that it is best not to give the attorney thousands of dollars in advance. Try to negotiate to pay several small payments over many months i.e $2000 or so now and few hundreds dollars every month. By that way if the attorney does nothing the first month, you can fire him and have enough money to hire new attorney.

Usually the mention of filing complaint to Florida Bar would get you the reply from your attorney. The rule of the Florida Bar is after you call the Bar, they will tell you to call the attorney and tell the attorney the Bar advise him to communicate with you to resolve the issue before you officially fill the complaint form as the complaint will be on the attorney public record.

Always check the Attorney profile on the Bar website before hiring him/her.

Read http://www.foreclosureprose.com to understand the foreclosure process and how the Court System works.

Best wishes

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Read these link

http://www.scribd.com/doc/40030429/Motion-to-Quash-Service-Foreclosure-Defense

http://www.scribd.com/doc/44631556/3rd-DCA-Quash-Service-Debbie-Bennette-v-Christina-Bank

http://mattweidnerlaw.com/blog/2010/10/defendants-are-not-getting-noticedue-process-in-foreclosure-cases/

http://mattweidnerlaw.com/blog/2011/04/allegations-of-fraud-in-service-of-process-finally-in-the-mainstream-press-and-a-super-secret-surprise-at-the-end/
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Shuster & Saben defeats Bank of America at Trial

Firm attorney, Richard Shuster, defeated Bank of America, in a Miami-Dade foreclosure trial. The evidence presented at trial included the deposition testimony of the person who executed the assignment of mortgage and the live testimony of the borrower / Defendant. For our client’s protection the firm did not blog about this victory until the time for Bank of America to appeal expired. Under the legal principle of res judicata Bank of America should be unable to file a new lawsuit against our client. The firm will soon commence action to quite title for our client. It appears that our client's mortgage, that was more than $175,000.00, has been eliminated.




To Review a redacted copy of the final judgment please click the link below:

Redacted Final Judgment

Shuster & Saben is a litigation firm. Lawyers at Shuster & Saben have tried cases to verdict in personal injury, insurance, felony criminal, and foreclosure. Firm attorney Thomas Willis was on Stetson Law School’s national championship trial team. Micheal Fischetti is a former Broward County public defender. A firm’s trial experience is one of the factors a homeowner should evaluate when considering a foreclosure attorney. To find out more about our firm, its lawyers, and why we are different please visit our firm’s website at http://www.attorneyforeclosuredefense.com.
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Ms CB

George Burns wrote:
How do you know that there is a foreclosure case if you say that you have not been served?

If a foreclosure case has been started, Why would you be writing "3 demand letters"? It is not clear as to who you wrote these demand letters to.

You wrote, "I have written an extensive letter to The US Goverment - Jan 2010 detailing everything about BofA - I did receive a letter back from The US Govt with a case number and BANK OF AMERICA HAS NEVER RESPONDED." Where in the vast US Government did you write to? You got a case # for what sort of case? Why would you expect BofA to respond to a letter sent to someone else?
 
There are many other questions that need to be asked in order to get some understanding of what you are trying to explain.
 
I also wonder why attorneys would not respond to you.


"How do you know that there is a foreclosure case if you say that you have not been served?"
How I know? - after receiving adverts in the mail from ambulance chasing attorneys informing me that there has been a Lis Pendis filed and I should hire them, after going to Broward.org record search & Clerk of the Courts and these sites confirmed that there has been a Lis Pendis filed.

THERE ARE MANY CASES - TRY THOUSANDS WHERE PEOPLE HAVE NOT BEEN SERVED
 
"If a foreclosure case has been started, Why would you be writing "3 demand letters"? It is not clear as to who you wrote these demand letters to."
THE THREE DEMAND LETTERS WERE SENT TO THE FORECLOSURE ATTORNEY THAT I HIRED, WHO I PAID OVER 5,000 DOLLARS - THIS ATTORNEY SINCE MARCH 16TH OF THIS YEAR HAS NOT CORRESPONDED - HAS NOT KEPT ME ABREAST SO TO WHAT THEY DID -

 
You wrote, "I have written an extensive letter to The US Goverment - Jan 2010 detailing everything about BofA - I did receive a letter back from The US Govt with a case number and BANK OF AMERICA HAS NEVER RESPONDED." Where in the vast US Government did you write to? You got a case # for what sort of case? Why would you expect BofA to respond to a letter sent to someone else?
You must be kidding? Comptroller of the Currency - Administrator of National Banks such as BANK OF AMERICA - I rec'd  a response back from the Comptroller of the Currency Dated January 27, 2011 - The Comptroller of the Currency and I have NEVER GOT A REPLY BACK FROM BANK OF AMERICA -
 
Why would you expect BofA to respond to a letter sent to someone else? WHEN THE SOMEONE ELSE IS THE GOVERNMENT - AND SINCE MY BANK REFUSED MY CERTIFIED FUNDS ETC ETC ETC ETC - THE SOMEONE ELSE IS CALLED HELP FROM THE GOVERNMENT
 
I also wonder why attorneys would not respond to you.

I WONDER WHY AS WELL -

I CALLED AT LEAST 20 ATTORNEYS LAST YEAR - AT LEAST 75 PERCENT NEVER RETURNED MY PHONE CALLS, EMAILS, LETTER WHERE I BEGGING FOR HELP.
 
THE ATTORNEY WHO HAS TAKEN MY MONEY - NOW GOING ON 9 MONTHS AND THIS BASTARD BLASTED LAW FIRM AND NEVER NEVER ...... KEPT ME INFORMED
 
SOUNDS LIKE I GOT RIPPED OFF
 
THUS I AM SEEKING - PLEADING FOR HELP
 
I NEED ATTORNEY HELP TO GET MY M0NEY BACK FROM THE DISHONEST LAW FIRM WHO HAS STOLEN MY MONEY
 
I NEED AS WELL ANOTHER FORECLOSURE ATTORNEY
 
 
 
 



 

 




 
 
 




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1.  To get your money back from an attorney, your only chance is to call Florida Bar. They will give you instruction to file a complaint and to apply for Recovery Fund from the Bar. This process takes many months .

 

2.  There are many excellent foreclosure defense attorneys in Broward i.e Thomas Ice, Margery Golant, Dillon Graham, Scot Fistel, Richard Shuster, Peter Ticktin and many more. The foreclosure defense lawyers are very busy these days so make sure you get an appointment when you call their offices.

 

3.  Foreclosure lawsuit is a long process, sometimes it can  takes years to resolve so Homeowners should remain calm , don't let stress overcome your mind. Anger, frustration will aggravate the situation and sometimes people walk away from a too complex situation.

 

4.  Did you get the Court Docket and see if your lawyer filed anything for you ? Lis Pendens is not a foreclosure lawsuit. The lawsuit must have a case number, a complaint and a summon.

You will find your lawsuit under  your name search in the section Civil & Probates in the court website.

Look at the Court Docket and see what is the last action in the Docket.

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In Florida, if the server cann't find you to serve the summon, he then can serve the lawsuit by publication. He publishes the summon in a newspaper for certain times even without your knowledge. To see if you have been served or not, you have to review your actual file at the Court House. You should be able to see the Summons with notation from the Server, the newspaper publication if they serve you by Publication and the full complaint with the case number on the upper right of the complaint.

 

 

Quote 0 0
Bill
Ann wrote:
1.  To get your money back from an attorney, your only chance is to call Florida Bar. They will give you instruction to file a complaint and to apply for Recovery Fund from the Bar. This process takes many months .

2.  There are many excellent foreclosure defense attorneys in Broward i.e Thomas Ice, Margery Golant, Dillon Graham, Scot Fistel, Richard Shuster, Peter Ticktin and many more. The foreclosure defense lawyers are very busy these days so make sure you get an appointment when you call their offices.

3.  Foreclosure lawsuit is a long process, sometimes it can  takes years to resolve so Homeowners should remain calm , don't let stress overcome your mind. Anger, frustration will aggravate the situation and sometimes people walk away from a too complex situation.

4.  Did you get the Court Docket and see if your lawyer filed anything for you ? Lis Pendens is not a foreclosure lawsuit. The lawsuit must have a case number, a complaint and a summon.
You will find your lawsuit under  your name search in the section Civil & Probates in the court website.
Look at the Court Docket and see what is the last action in the Docket.


+ 1  in regards to Thomas Ice.

Ice Legal is a great firm and has done really well defending homeowners.
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Read this Court Order. Motion to Quash Service is granted, Judgment vacated and Sale cancelled.

http://www.scribd.com/doc/73887040/Order-granted-Quash-Service-Counterfeit-Summons

Counterfeit Court Summons and Fake Attorney's Signatures.
Check your  summons issued dates and date of Summon Service delivered.
Check signature of the Notary on the Summon
Check the Attorney signature on the Lis Pendens. Could be fake
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