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 looking for help in filing my response to the Bank's dismissal.  I need actual case law to help with my points of fraud, breach of contract, misrepresentation.  Any help would be appreciated.  Can anyone help me get to the new Robo List - I had paperwork from David M Gregory and Carmella Boone, both who said they were Assistant Secretary's at Recon Trust.

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George Burns
Why are you responding to the Bank's Dismissal?
Are you objecting?
A CounterClaim is a different issue and which should have been raised before.
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George, what would be a good counter claim argument when you clearly have fraud (assignment) 

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DT wrote:

George, what would be a good counter claim argument when you clearly have fraud (assignment) 

I'm not an attorney and this isn't legal advice.  

The real problem you are going to have is proving the fraud.  Because you feel something is fraudulent does not make it so.  You will have to PROVE fraud through admissible evidence.

Rolling out a copy of an assignment with the thoughts that it is void and fraudulent because it was signed by an alleged robosigner isn't going to get much traction.  While this could very easily raise a question of fact if argued correctly WITH additional supporting evidence, it appears you would have a very tuff way to go using this as a basis for a claim vs using it as a defense.  

Many things can be used as a defense that CANNOT be used as a counter claim.  A good example is Federal Servicing Guidelines.  There are cases that show that failure to follow FSG CAN be used as an affirmative defense BUT these DO NOT allow for a private cause of action.  You can't sue the Servicer/Lender for not following these guidelines.

The problem with MERS assignments is 2 fold. 

First, it is very easy to explain away any discrepancy as a "mistake".  People make mistakes all the time. 

Second, It is very easy for the Plaintiff to say, while the person that signed the assignment did NOT have authority to do so, it was our intention to make the assignment so we ratify the assignment.  Essentially, they are saying that even though a different person should have executed the document, they made a mistake, and give full force to the executed document.

Both of these problems will KILL a fraudulent assignment argument. 

Mr. Roper use to always post that it is many times better NOT to "school" the opposition to all the defects.  Let them embrace the assignment.  Wrap their arms around and clearly show the court that this is what is giving them the authority to act by making them the real party in interest/owner of the note. 

At this time, once the Plaintiff commits and boxes themselves in by taking a position, picking apart their evidence and showing fraud WILL be effective and it will be too late to claim it was just a mistake.

 Fighting a foreclosure is chess more than checkers.  If you disclose to your opposition what strategy you plan on using, they will adjust accordingly and it will end badly for you.  IF you allow things to develop, use effective discovery, BEFORE the opposition really knows what way you are going, many times it is often too late for them to recover.  This is how many Pro Se litigants have been successful. 
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That is pretty much what I did in my case, they file an assignment of mortgage that was clearly fraudulent, it came from the office of david stern.  I waited until the banks new counsel filed it as evidence of ownership of the note then I hit them with an amended response.  Havent heard from them in some time  

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