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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FlaProSe
Slowly the issue of paragraph 22 of the mortgage is being decided.

http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2014/March/March%2021,%202014/2D13-280.pdf
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George Burns
Unfortunately, this issue seems to be going against the  borrower.
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iknow
George Burns wrote:
Unfortunately, this issue seems to be going against the  borrower.


I'm not quite sure that is true. I like Stopa and give him credit for getting a positive trial court decision, but that was a really thin argument. Many times they actually leave things out of the notice which would certainly be a more robust argument. Stopa gets a +1 from me for making any argument available no matter how thin.

Sometimes the argument is there, sometimes it's not.

No matter what happens, this really isn't case ending. They could simply serve the correct notice and refile.

There are positive lessons to be learned.

He could have filed a MTD which would have been decided in 30-60 days. But by not filing a MTD and instead rolling the dice and filing a MSJ he chewed up over 2 years and the bank is not any closer to getting a judgement. It is rolling the dice though, if the bank had filed a cross-motion for SJ this could have ended up being a decision that is reversed denying the Defendant's MSJ and granting the Plaintiff's MSJ.

"Between two evils, I always pick the one I never tried before."

-Mae West
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