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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Served, I answered, the bank replied, so what is the next step?

They did a general denial of everything.
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You might want to provide some non-self identifying details.

The law is different in every state.

You could read the Rules of Civil Procedure in your state.

You could hire an attorney.

If you are going to go pro se, or be actively involved in your case, then you will have to do a lot of reading.

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I'm in NY, not sure what other details would help.
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Jack wrote:
I'm in NY, not sure what other details would help.

Is there a "power of sale" clause in your deed of trust or mortgage?

As long as there is no "power of sale" clause then you are entitled to a judicial foreclosure.

Assuming a judicial foreclosure, it sounds like you are ready for discovery.

It also sounds like you need an attorney.

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Jack, you DO NOT HAVE TIME AT THIS STAGE TO FIGURE OUT "what is the next step?"!

If you want to save your home GET AN ATTORNEY ASAP!

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Jack I'm not following.  If you were "served" then you are a defendant and it is YOUR job to deny things. If they are denying something then you have accused them of something, and as defendant its not your job to prove anything.

Things being so vague I can only say that you should deny everything.  Deny they hold the note.  Deny that its in default.  Deny that they have any rights of sale under the mortgage.

Then go read these links, and every single link therein, maybe it will spark some ideas for you.  And I echo the advice to talk to a lawyer pronto.


W.A.R. Importance of Timely ANSWERING of a Complaint or Petition in Foreclosure:

W.A.R. Personal Knowledge, Hearsay, Conclusions, Best Evidence Rule:

W.A.R. Conditions Precedent:

W.A.R. Assignment of the Mortgage without the note is a NULLITY:

W.A.R. The Folly of Attacking Rather Than Embracing the Assignment Forgery: Harvey v. Deutsche Bank National Trust Company:

W.A.R. Defensive Discovery: Starting Off On the Right Foot!:!-4893757

W.A.R. On the Ancient Origins of Blank Indorsement:

W.A.R. Allonge Defined:

W.A.R. Some Online Legal Resources for Those on a Tight Budget (or Not):

W.A.R. Appellee Confession of Error: Sometimes the Borrower Can Win By Appealing and then Just Showing Up!:


Read FDIC v Houde and cites.

Read Kang and cites.

Read Veal and cites.

Read Bain and cites.

Read Drouin and cites.

Read Ibanez and cites.

Read Agard and cites.

Read how parts of Agard got overturned.

Read Kemp.

Read Adams (the $20 Million dollar staples).

Read Wallace.

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Perhaps I didn't make myself clear, I know all the stuff you guys listed above.

I prepared a very complete answer, I covered everything.

they replied.

Now should I send them discovery requests, or wait for them to make some sort of move.

That's my question.
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Technically, the case is at issue. They can move for trial at anytime. You should start your discovery (interrogatories, admissions, production of documents, depositions)  and anticipate that they may file for summary judgment. Don't be a seating duck.
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JUst received a notice of settlement conference at Court next month, they are supposed to offer a mod at these meeting so well see.

In the mean time I'll start putting together requests for discovery.
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Read the discovery link above - ship off the big three ASAP.  Read your local rules on what ASAP means, sometimes you can start discovery immediately, others you have to wait.
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