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
Hello and thanks to all who post on here. I have learned a lot.

We received a notice from an atty, shapiro and Felty about two years ago saying they were retained to foreclose on our home. They said that US Bank NA was trustee. In the notice it stated the 30 day debt validation notice. I sent a request return receipt requested. I received the receipt back, no further correspondence from them.

Two days ago, Aug 13, I received a summons on complaint of foreclosure listing a different atty's name, still US BAnk, but exact same address, same office. The complaint was filed on August 6th. The assignment attached to the mortgage showed the that it was prepared on Jan 31st 2005. This document was shown as notarized on Aug 13th. The same day we received the summons. On the county records it shows it as recorded on July 27 2010.  

Another thing that confused me was that they listed our county treasurer, no liens on our property from him and a credit card compnay that has a judgment against me, as defendants as well. 

I have to file an answer and am not sure where to go with this. Also the summons in included a paper stating the notice under the FDCPA saying that I have the right to dispute the debt ( again). I have never heard of this being included in a foreclosure complaint. The summons was delivered by hand, no signature required either. This all seems pretty fishy to me, but have no experience with this either.

I would really appreciate any advice. My husband won his disability appeal, after two years of a head injury and having to shut down his business, which is why we needed more time in the first place, but we don't know if we should work something out with the lender now..they said we could.... or fight this due to lack of standing or fraudulant paperwork. Thanks for any responses.
Quote 0 0
The Equitable One
Whether you attempt to work something out with the bank or not you still need to file an answer. Pretty common for them to "distract" you from the suit by engaging you in various and sundry alleged "work out" negotiations. If you don't answer at all they will likely obtain a default judgment against you.

HAMP Guidelines require that foreclosure actions be "suspended" during attempts to come to an alternative settlement. First paragraph of page 3 says:

"Any foreclosure action will be temporarily suspended during the trial period, or while borrowers are considered for alternative foreclosure prevention options. In the event that the Home Affordable Modification or alternative foreclosure prevention options fail, the foreclosure action may be resumed."

The language of "alternative foreclosure prevention" seems to be pretty inclusive. I expect that most foreclosing plaintiffs count on borrower/homeowner/defendants to be ignorant of this and thus proceed in the background with the foreclosure DURING work out negotiations confident they won't get caught.

As for putting together an answer, and proceeding in litigation generally, it would be best for you to obtain the rules of civil procedure for the jurisdiction you're in. The only way to have a prayer is to know the rules. They are likely available online. Better would be an annotated hard copy.

Please add some clarity to the dates involved in the summons, complaint, assignment, etc. It seems what you're expressing is that the assignment was executed 1-31-05, was recorded 7-27-10, but was notarized on 8-13-10. But that doesn't seem possible. On the other hand, this is "foreclosure land" and the impossible frequently happens right before our eyes.

Quote 0 0

You're right. I was mistaken on one of the dates. It was notarized on july 13th and recorded on july 27th. Prepared on January 31, 2005. I have obtained a lawyer to file and answer and fight the foreclosure.

Quote 0 0
Write a reply...