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
Fossil Rock
I just want to say I have already started reading some of the posts on this forum and IMO there are some very knowledgeable people here I hope can assist me through my next stage in a Florida foreclosure.

I'll begin with a some background and then ask for directed question as to not waste time on irrelevant issues.

Background:

I sold my house back in 2006. The borrow stipulated (read demanded at the last possible moment) that I fund all of their down payment and others fees or they would pull out of the deal. I accepted and took back a mortgage.

After just two payments it became nearly impossible to get payments. I was completely ignorant of the foreclosure process, so I never pursued that route.

Without any notice to me 2 foreclosures had occurred in the following year. A third arose in Mar 2008 and I only found out about it from researching the public records (on an unrelated subject). I jumped out of my chair wondering what was going to happen to my investment. So I started researching whatever I could find.

My research lead me down some weird avenues suggesting documents that really made no sense to me. The first document I filed was an "Affidavit of Truth" in Aug 2008. I still to this day have my doubts about its effectiveness, but it did get me involved in the case (if that's good or bad I do not know).

The case sat for nearly a year and the the Notice to Prosecute came in July 2009. The plaintiff responded and the case went stagnant again. The Plaintiff started setting hearings and then later cancelling them. I never received any notice for any of the hearings.

I started looking into the Plaintiff's counsel and discovered that they had very recently been sanctioned by a judge in south Florida for setting hearings and cancelling them without proving any notice and not showing up for hearings they set. The judge popped them good.

A little more research and I figured I could attach the the counsel. I filed a Notice of Ex-Parte Communication & Motion for Sanctions against the Plaintiffs counsel for the same behavior in my case. In short it worked. The counsel responded admitting 1 denying the rest. I received t letters in the mail 1) their response, and 2) their Notice of Voluntarily Dismissing the case. WOOHOOO I'm the shiznit!

Well, that bought me a lot of time. I repossessed the house (moved back in after the borrowers abandoned the house) and have lived here since (nearly 6 years).

One day in Nov 2012 I received a package in the mail with the Notice of Action with copies of all the documents. Well, another foreclosure case was filed. But, his time I was little more educated and a little more prepared. Apparently they couldn't find me to serve me so they just moved ahead without leave of the court the pursue a Constructive Service (Notice by Publication). It took a few days for me to see an angle and I took it. I filed a Motion to Dismiss for Failure to Serve pursuant to F.S. 1.070(j) which means the Plaintiff has 120 days to serve me. Outside of that, the need the okay of the court to do anything else. 

So the case sat for another 6 months when the CMC hearings started again. I attended the hearings and my MTD was scheduled. I know I could have sped things up by setting the hearing myself, but I felt I need the extra time to prepare for something I had very little experience with. The hearing was scheduled for Mar 2014. I appeared but the Plaintiff did not. I thought that alone would have got the case dismissed, which in my situation would have been a tremendous relief. The Statute of Limitations ran out in Mar of 2013, but since the case was still active, I couldn't act on that yet.

The judge took a month to rule on My Motion and Denied it. Now I'm here preparing my Answer / Affirmative Defense and CounterClaim (if any).

Issues to be addressed:

The following are some issues that I need to determine if they should be pursued or not:

Borrower allegedly signed the Note and Mortgage on 12/30/2005, but my records shows the closing was held on 01/03/2006. I was there to sign the Warranty Deed and get my check, so I am a witness to the transaction that day.

The assignment in this case appears to be a 'robo-signing' situation. I have found a distinctly different signature in two other documents (which are very similar) but different to the signature on the assignment.

Well, that's it so far, please ask any questions that you feel will help you understand my situation and to provide appropriate feedback.

I look forward to hearing from any of you. I have about a week to get my Answer / Affirmative Defenses filed and have already started laying out.

Thanks,

FR
Quote 0 0
JJ
Quote:
Borrower allegedly signed the Note and Mortgage on 12/30/2005, but my records shows the closing was held on 01/03/2006. I was there to sign the Warranty Deed and get my check, so I am a witness to the transaction that day.


I'm sure this could be explained as a simpe error.  In my opinion, I really don't think there's anything to gain by pointing this out.


Quote:
The assignment in this case appears to be a 'robo-signing' situation. I have found a distinctly different signature in two other documents (which are very similar) but different to the signature on the assignment.


There seems to be (2) different schools of thought on this, but I think you would benefit greatly from reading the following thread.

http://ssgoldstar.discussioncommunity.com/post/the-folly-of-attacking-rather-than-embracing-the-assignment-forgery-harvey-v-deutsche-bank-national-5374903

Finally, if you do not have any discovery underway yet, you should proceed with that rather quickly.
Quote 0 0
Write a reply...