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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Hey all, new here.

was wandering if you all here got some legal language from 1 of your lawsuits for a wrongful foreclosure in Calif. 

I got most of all most all I need but kind hit the wall  on how to say it under the cause of action section of the lawsuit.  You know like, Defendant misrepresented ... or Defendant omitted such and such. 


Does anyone here got something like that you can share with me.  I'm not trying to copy you.  I just want to see how it looks so I know to form my own words for my situation.

It would be under the cause of action for fraud, deceit, and misrepresentation.

Sure appreciate any submissions.

Best efforts to all,

Gary

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Digger
Try the Legal Lounge here and check Bryan v. Countrywide (Complaint) under the Countrywide cases.  Also look around the Lounge
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Hey thanks for the thought man, but I guess California and New York are a hole lot different from Florida and other places.

In Cal and NY you got present the case under allegations common to all causes of action and then you list each cause of action like

first cause of action
fraud


second cause of action
wrongful foreclosure

  so on and so and what you write under each of action is the 3 elements of that make your case qualify for the cause of action.


But I read that case and man that is really a shame what happened.  It's like President Reagan said -- 'trust everyone but double check, twice.'


best to you all

Gary



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JohnH
Gary, when I represented myself in chapter 13 years ago I was up against the same problem you have. There were two things that helped me,
First I got a pacer account so that I could download docs from other cases and get my layout and wording from them.
Second, go to the courthouse and ask the clerk for the files of other cases and make copies of similar ones to yours and get the information you seek that way.
Good luck,
JohnH.


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Gary
Hi John --  thanks for the tips -  cool!

I did go to pacer and went through all kinds of cases but sure can't find anything to fit a wrongful foreclosure -- guess it means no one deals with that in the fed courts.

I'm just doing a wrongful foreclosure that began as a loan origination fraud.  But you know what's weird is mine too is a loan bundled and handled by a servicer and I come here and its like horror city with servicers and I was like wow! am I ever lucky that didn't happen to me.  Court said my case is against the broker that made the loan and sold it the bundlers or whatever so in a odd twist man, the servicer also suing the broker.

so much for that.  I'll take a look at the court house.  Thanks for the tips.  You guys are real good here.

Best ever

Gary

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Gary,

There's a case in PA I lost my job over a few years back called Richard Pandolfi. He may actually have done two separate lawsuits over what has happened in actualality. However, the 2nd complaint issued or petition issued to the court should of been done by one of the better PA attys Cary Flitter.

It's the outline I used for my own case as well. Now I just looked in the legal lounge with cases dismissed for lack of standing or dismissed for a lack of jurisdiction.  Point being there's a couple that just got an injunction issued by a judge there in CA- Richard/Isabel Caporale--Case # 07-54109. I would look at the complaint they filed to see how they based their fight to get the injunction. There was another injunction issued not to long ago in Ca as well. The legalese from some of these is phennonmal...

 
But REAL CONSUMER ATTY FIGHTERS ARE HARD TO FIND! So one does have to attempt to fight with all the knowledge they can gain. Hope this info helps as well. If you wish I can send the outline I filed as well. While I haven't WON my case was/is well laid out.  I've gained so much info on where the corruption is going on at its not funny. My knowledge is more than others and less than others. However, I'm pretty good at making my point! Enough, that I now have two recusals...And am having my point proven countrywide with the fabrication of evidence provided to the courts. With the judges endorsement. So it shall remain to be seen what will happen. As usual it seems their trying to hide though!

Good Luck,

 

topgun1




 

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Hi TopGun1

Thanks for the 411.  Yeah, please send what you got cause I could sure use some guidance like on the cause of action how to say the Notice of Default had the wrong amount but they foreclosed anyway.

Gary

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