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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Hi All

Glad I found this site. I filed my answer to the plaintiff foreclosure complaint.

I denied all there statements 15 paragraphs in all for lack of knowledge, since the plaintiff did not attach a copy of the contract or the mortgage note that plaintiff alluded to.

I have read that Pro Se litigants have a bad track record and I am sure that that statement is true. By my main goal is to simply buy more time in the property or may be use some leverage to receive a Principle Reduction.

I interview 4 lawyers all four were promoting bankruptcy, they were not foreclosure defense attorney's. The one foreclosure defense attorney that I contacted wanted a $7500.00 retainer. I Don't have that kind of cash on hand.

The property is about $180k underwater and I could probably rent the same home for about $700.00 a month less then my current mortgage payment.

I used the Show Me the Note defense as one of my affirmative defenses.
I also in my certification informed the court that the mortgage was under review for a HAMP modification and that the plaintiff is acting in Bad Faith for bringing a foreclosure action while the account is under review. One of the directives from The Treasury Department states that the lender should stop any foreclosure action while the account is being considered for a modification. I doubt if this argument has any legal teeth but it does show the court that the lender is capable of acting in bad faith.

I also question the validity of the plaintiff witness of the record keeping of the account. I researched all the employees of record for AHMSI/US BANK and there was no Vice President with a name the plaintiff listed as a witness to the record keeping..

Next week I will file a motion to dismissed the case. I will use case law and NJ Statutes and NJ RCP which says the plaintiff in a foreclosure action must attach a copy of the note or contract the complaint alludes to.
Thank you to everyone for your replies. This forum is very informative and I look forward to reading and learning along my journey.

Best regards
Acesfull
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AHMSI uses corporate resolutions granting individuals signing authority in foreclosure documents.  They also have used LPS services. 

See:
http://msfraud.org/LAW/Lounge/AHMSI-v-LPS-File-Stamped-Petition.pdf

Also see:
In the Matter of Residential Mortgage Foreclosure Pleading and Document Irregularities
Administrative Order 01-2010
Union County
Docket No. F-00238-11


http://www.judiciary.state.nj.us/superior/us_bank_ahms_cert.pdf

 
and this:
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Check out http://www.scribd.com/my_document_collections


Best wishes.

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Texas
Ann said: "Check out http://www.scribd.com/my_document_collections"

easier address: http://www.scribd.com/alviec

from there you can get to them all
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Hi All

I was not able to down load every ones reference sites. The few that I was able to read were very informative. Thanks to everyone.

Does anyone have an idea of just how long it will take before I hear from the court on my answer to the complaint? I understand the courts in NJ are some what back logged and I heard that they are taking the complaints that go unanswered first.

Also should I wait until I hear from the court before I file a MTD?
I actually asked the court to dismiss the case with prejudice in my answer.

Thanks in advance.

Best regards

Acesfull
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George Burns
Ann

I get nothing at the link you posted. What is supposed to be there?
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TheEquitableOne
If you want to litigate you must read the rules of civil procedure in your state.

Then read them again.

In fact vever stop reading them as every time you read a rule again you're liable to have another "moment of clarity." I sleep with a copy of the rules under my pillow and magically they osmote into my head as I slumber. (just kidding of course but if that DID work you can bet I'd be doing it)

You must also know the rules of evidence. Plaintiff will attempt to sneak in inadmissible evidence. If you don't know the difference between what is and what isn't admissible, and object timely for the right reason, then IT WILL BE ADMITTED.

You'll need to bone up on case research as well. Citing cases from your state appellate and supreme courts that tell the lower court how it needs rule, and why. There are a number of ways to do this research but the best way is likely to be getting to a law library. The reference librarians can be of great assistance and will in fact WANT to help you. They went to school to learn how to be a librarian and likely obtained a masters degree in library science. You will at the least have access to all the legal books and it may also have a publicly available Lexis or Westlaw terminal.

Reading the cases in the annotations of the rules or procedure and evidence, and also on the statutes, will be very instructive. You want to know exactly what any given confusing rule means? Read a few cases that deal with that rule and the court will likely explain it for you.

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BobbieF
The following link shows some of the changes taking place in our court
systems. 
http://livinglies.wordpress.com/2011/09/27/new-rules-in-judge-case-court-federal-rules-of-evidence/

Especially if you're a pro se litigant.  You must step very cautiously and
make sure each detail of your case is finely tuned. If you have a lawyer,
it would be provident for you to be up to par on case law as well, a kind of
back up system if your lawyer seems leaning towards a screw up.

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