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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
There seems to be some very knowledgeable people on this forum and a great website, so I figured I would post my question here.  Thanks in advance.

Me and my wife have been in a chp.13 BK for about 2 years now and everything was going fine until Sept. of last year when I checked into a inpatient alcohol treatment center.  My wife was faced with paying the 1500 for my treatment or the mortgage, I was in there for 3 wks and out for a couple and relapsed so I went back in the next month, again my wife was faced with paying either or.  In both cases she paid the treatment center.  We were not able to pay the Mortgage or the BK trustee for those 2 months, and thing just kinda snowballed after that.  I was also fired in Dec. and did not start getting unemployment until the first of the year.
We had an app. with our BK attorney a month ago and he said the only real option was to file an amended plan and take the house out of the BK and try to work with them ourselves(JP MORGAN CHASE).  Back in Jan. we filed all the necessary paperwork for the loan mod, and finally I got a call from someone lastnight and he basically said we made 2 much money for a loan mod, but obviously not enough to pay the 8000 back to get caught up.  Also about a month ago we got a letter from Routh Crabrtree to pay on or before the 14th of April.  So I assume a foreclosure is imminent.
So a couple of days ago I came across loanworkout.org and started researching some stuff, I started by going down to the courthouse clerks office and got copies of everything there.  This is a break down of what I got, original note is dated Sept 20th 2005, and is with Gateway Business Bank DBA/Mission Hills Mortgage

Corporation Assignment of Deed of Trust:
Signed August 10th 2007
Recorded with Clerk August 24th 2007
New Century Mortgage Transfers to Chase Home Finance
(I also have the excat same document as above, but it says it was rerecorded to correct document recording order on Jan 8th 2008)

Assignment of Deed of Trust
Signed Nov 23rd 2007
Recorded with Clerk on Jan 8th 2008
Gateway Business Bank DBA Mission Hills Mortgage Transfers to New Century Mortgage whose address is C/O Chase Home Finance in Cali.

Appointment of Successor Trustee
Signed Dec 6th 2007
Recorded with Clerk on Jan 8th 2008
This one I really don't understand.

Assignment of Deed of Trust
Signed  Dec 20th 2007
Recorded with Clerk on Jan 8th 2008
Chase Home Finance Transfers to JPMorgan Chase Bank whose adress is C/O Chase Home Finance in Cali.

Now it looks to like something is up with the above documanets, I find it funny that the last 3 were recorded with the clerk on the same day!
I also keep hearing alot about the SEC website, but can't seem to find anything on my Deed to use to search the website.
What do all you guys and gals think, does it look I got what it takes to get a good MOD!
Thanks again for the help



Quote 0 0
I forgot to mention that when we originally signed the deed and note it was in Sept of 05, and Gateway business bank DBA Mission hills Mortgage was the lender.  Before the end of the year we received a letter informing us to start sending the checks to Chase, so my question is where is that Assignment?

Also just as a side note we had an 80/20 done and the second was also through Gateway business bank, but again shortly after we got a letter informing us to start sending payments to Ocwen loan servicing.  We did that for a couple of years and fell a little behind, and when we went to catch up Ocwen informed us they no longer carried the note and did not know who had it.  So basically we have had no contact with anyone pertaining to the second mortgage.  Even when we did the BK no ones knows who owns the second note.

Quote 0 0
Anybody have any insight or anything on this.
I am getting desperate.

Thanks

Quote 0 0
I also just called Gateway Business Bank DBA/Mission Hills Mortgage today to get some information, and was told that all there loans are always sold the following month after they are originated.
But if you look at the above there are no assignment of deeds trust until 2007.
Also we were foreclosed on in Jan 2008 and thats what brought the BK13 filing.
But when we recieved the trustees notice of sale Gateway Business Bank DBA/Mission Hills Mortgage was named as the beneficiary.
How could that be?
Quote 0 0
Why do an amended plan? If u have the capability to rectify things now a whole new bankruptcy chp 13 could help as well. They would have to start the arreage repayment again...Or file chp 7 and start over completely within a cpl of years...

Their really all a nightmare to deal with...maybe rent somewhere cheaper than u are now and save up money over the next two years...What about a short sale and selling? is your home worth what you have liens for? What state county are u in? county records should show what's been filed recently.

u need to fine tooth comb everything! having been in banko u can check the records they've already filed as proof of claims to see if their legit or not...When their assigned the promissory note should show who it was assigned to from lender a to b and such...if not somehow it needs to be verified or else the chain of title is flawed...this creates problems.

The second mortgage issue welcome to the club mine came to court knowing they didn't know who owned it when they filed to be paid and the judge did nothing! they even removed my attorneys adversary and a page out of my counterclaim! they sure won't fingerprint who touched the docs after i filed to see who removed the pages.

If u want someone to help let us know. Its a difficult thing when people refuse any true knowledge in this area. Get a good chain of title somehow...if u can't then they shouldn't be able to 4/clse...but then they do STEAL HOMES so who KNOWS?
Quote 0 0
I am in oregon.
I guess I am confused what a promissory note is? I have been to the county clerks office and the only thing there is the above, the 2 originals deeds when we bought the house and a few other misc. documents.
It's not that we cannot afford what we have, it's just the fact that we got behind and now we can't get out of the hole, walking away at this point is not an option.
I just need to understand what the promissory note is your are talking about.

Thanks for the reply
Quote 0 0
Write a reply...