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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October 17, 2012

Harvey Good v. Deutsche Bank Trust (Fla. 4th DCA 2012)
The 4th DCA ruled that RESPA claims can only be filed against the original "lender" not an assignee.

GMAC Mortgage v. Choengkroy (Fla. 4th DCA 2012)
A trial court may not sua sponte dismiss an action based on affirmative defenses not raised by proper pleadings.

Montes-Musira v. Aurora Loan Services (Fla. 4th DCA 2012)
Where the contents of an affidavit supporting a defendant’s contention of insufficiency of service would, if true, invalidate the purported service and nullify the court’s personal jurisdiction over
the defendant, the trial court should hold an evidentiary hearing before deciding the issue.
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