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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NJ48
As the N.J. Supreme Court has given up on the bank's OTSC, the N.J. Supreme Court has Rescinded the April 4, 2012 order (NOI) effective January 15, 2014. As of Nov.15, 2013, in more than seventeen months that have elapsed since the date of the order, 46 summary actions have been filed, encompassing 31,484 individual foreclosure actions to correct Notices of Intent to Foreclose. After January 15, 2014, lender-plaintiffs(actually Servicers as the courts and so-called plaintiffs state on their motions) may still seek authorization to correct Notices of Intent to Foreclose by filing motions in individual actions in the appropriate counties of venue. (I guess almost two years of inactively on plaintiffs part was not enough to make them budge). Notice To The Bar- Nov.15, 2013.
Now after almost two years on the NOI and another two years prior that for the OTSC - Robo-signing irregularities, December 20, 2010, JP Morgan Chase Bank (Chase) is selling its servicing rights on our loan to M&T Bank as of 2/15/2014.
In the courts mad rush to deny defendants due process or follow the rule of law, they stated that the "SERVICERS" were following the GSEs and Servicer "GUIDELINES" that are not New Jersey statues.
These guidelines are in place to deceive the court. For example, the GSE guidelines specifically tell the Servicers not to foreclose in the  GSE's name. Another example, the GSE guidelines tell the Servicers how to avoid paying the real estate transfer tax which the government has tried to wiggle out of this. Another, after foreclosure of your home, how to transfer the title back to the GSE. The courts are not deceived in these fraudulent foreclosures, they are complicit in these criminal acts.     
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gingerlee
Would someone be kind enough to explain this to me in laymans terms. 

Thanks
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NJ48
To Gingerlee,
Are you in N.J. ?
                         OTSC is Order To Show Cause that Plaintiffs(Banks) were submitting to the court to get permission to Re-Issue Notice of Intent to Foreclose(NOI). At the same time, the Defendants(Homeowners) could also Object to the NOI. You were to be given the opportunity to Object to both. This is only if you were notified by Plaintiffs that a Defective NOI was sent to you. The New Jersey Supreme Court issued an Order on April 4, 2012 that basically allowed Plaintiffs to Re-Issue the NOI without having to Dismiss the Complaint. While the Plaintiffs continued to drag their feet, the New Jersey Supreme Court finally gave up on the Plaintiffs foot dragging and Rescinded its own April 4, 2012 Order.  
                         After January 15, 2014, Plaintiffs would now have to go through the regular process if the Defendants(Homeowner) challenged a NOI. Whereby instead of Dismissing a complaint upon a defective NOI, the N.J. Supreme Court found another remedy that benefitted the Plaintiffs.
                         I just went through this process and had a hearing on January 16, 2014. The defect in the NOI was to identify the Lender in the Foreclosure Complaint and not just name the Servicer. The hearing was just a sham corrupt process. Depending on the Bank(Plaintiff), everyone that had an Objection with that bank was scheduled to have a hearing on a certain date. In my case, my foreclosure complaint has been Chase Home Finance, LLC(a sub-servicer) for almost five years. No assignments or change of plaintiff. Its a long story. The original alleged Lender was JP Morgan Chase Bank, N.A. but the idiots named Chase Home Finance, LLC as the plaintiff. In my hearing, the judge didn't want to hear any of that because the plaintiff's attorneys changed the plaintiff in the complaint to JP Morgan without authority. To make matters worst, the judge did not receive a copy of the Objection and was trying to rule without  even reading the Objection. That's on the record. As of February 5, 2014, the judge has not made a ruling.  
                        I hope this helps a little and the rest of the stuff in the first comment is just my opinion.      
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gingerlee
Thanks for taking the time to explain. 

Yes, we're in NJ and unfortunately, we missed the objection period.  Not sure the objection would have made a difference (according to what I've been reading).

Thanks again

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NJ48
To Gingerlee: There's still hope. Don't give up. At what stage are you in the foreclosure process and do you have an attorney ?  They're plenty of people on this website that can help you.
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gingerlee
Not exactly sure what stage we're in, to be completely honest.

2 1/2 Years ago we completed a mod. (or at least we thought we did), and after 1 year of making extra payments and 1 lump payment, our servicer decided not to honor the mod.  They wanted to triple our mort. payment, and we were unable to afford it.  We stopped making payments at that time.

 We've received paperwork saying we are in foreclosure, and we also received that NOI, but nothing formal from the courts.

We have many banks involved with our mortgage ... over 5 of them, and 2 of which are Wash. Mutual and JP Morgan.  Court house copies show Wash. Mutual transferring my loan to another company 2 years ago.  I've read that's not possible considering Wamu was shut down in 2008.

The whole thing is overwhelming, but I'm trying my best to GET IT.
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NJ48
When I received the NOI, I denied the "DEBT" and denied the "DEFAULT" in a 30-day response letter. They sent two different NOI on two different dates. Save all your documents. Then go to your county recorders office and go through and print the mortgage, lis pendens, assignments if you have not already done so. Do you have a (Docket)case number, F-xxxxxx-xx ?  I believe you stated you didn't respond to the OTSC ?  If you do have a case number, go to the courthouse and look and print at all the paperwork that has been filed, if any. Was there a Complaint filed ?  
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gingerlee
No, there isn't a current docket/case number.

We did receive papers from the court, at least 4 years ago, prior to our making the modification payments.  We received a temporary forebarence (sp.) letter from them when we first started making our mod. payments and the foreclosure process stopped.

The only formal paperwork we've received since then (other than our yearly statement) is the NOI, which came certified in January of this year.


Maybe you will have an answer to this question:  I thought I read that the State of NJ requires the bank and homeowner to attend mediation before the bank can proceed with the foreclosure process.  Do you know if that's still the case?




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NJ48
To Gingerlee:
I'm pro se and not an attorney, so please take all this as my opinion and my experience. I would re-read that forbearance agreement and as you say there's, "no Complaint." The NOI was before the agreement, so you were not part of the OTSC, right ?  You may or may not receive another NOI because the $dollar amount has changed in the amount of default they will claim, whoever that might be. Is the bank that you were making the last payments under the agreement the current alleged Lender ? They may not know who owns your and if you read the Nardi Deposition which was taken in N.J., you may have a better understanding of WaMu loans ?    
The Mediation Program was another sham process that the courts used to lure homeowners to agree that they were in default and nobody with authority from the alleged Lender(bank) was present in the proceeding. I believe it was voluntary, not sure.
You have to look at your documents in the land records so that you can get a heads up on your possible case.
If and when you do get another NOI, you will have an opportunity to deny the "default" and "debt" because you will have also the opportunity to request a "Qualified Written Request" whereby you will demand a complete payment history, the naming of the alleged lender, the exact location of your mortgage documents, and the name of the securitization trust your loan is placed with the Loan Schedule listing your loan, and the Pooling and Servicing Agreement(PSA).
The payment history will show(must) when payments were applied to your which may be you and/or your Servicer(s). It may also include payments your Servicer(s) have make for taxes, insurance and other entities such as a securitization entity ,etc... The point is that the Servicer(s) have been making your payments for you and you're NOT in Default.
Dig for all your information NOW.


    

  
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gingerlee
NJ48 wrote:
The NOI was before the agreement, so you were not part of the OTSC, right ?  You may or may not receive another NOI because the $dollar amount has changed in the amount of default they will claim, whoever that might be.  


The agreement was years ago, when I first started making mod. payment, and the NOI was received last month.  Last month's paperwork showed the "New" Lender, the amount they claim I owe, lawyer referral paperwork, etc.  The paperwork gave me a couple weeks to object to these new claims, and for personal reasons, I was unable to meet that time line.


NJ48 wrote:
Is the bank that you were making the last payments under the agreement the current alleged Lender ? 
 

No, it is not the same lender

Thanks again for taking the time.  I think it's time for me to start putting my ducks in a row.


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NJ48
The OTSC came from one of two courts statewide. Depending on your location, it either came from the Mercer or Passaic County Courts. Passaic county court OTSC cases had F-030403-13, Mercer county F-???????-13. The OTSC were for cases that issued NOI before 2010 or 2011. Sorry.
I would still send a denial letter, Registered Mail with Return Receipt to the alleged Lender who send you the NOI, NOW. Look up "Qualified Written Request" and add the items in the previous Replies. They are new because of the changes in Consumer Protection agency.
msfraud.org is one of the best sites to get info., just look at today's article about Rhode Island(?) Supreme Court. New Jersey is a judicial state and that has some benefits. There are some groups in N.J. and one that I belong to is afnetwork.org which has some free info. but, because individuals like you and I can not practice or advice about legal matters, we can help each other as a private group. They do charge as a member $5/month which is a super bargain and I have belonged to this group for a couple of years.
Whether you hire an attorney that "IS" familiar with foreclosures, you need to know the process and the law. There is a free website from Legal Services of New Jersey that can also give you info on the process, lsnjlaw.org . Look-up in this site Homeownership, You Own Your Home, and Foreclosure Process. Once you know the process, the law, only you know your case. You are going to be fighting criminals, the banks, their attorneys, the courts and the government. The law is on your side.
Once you get your ducks in a row, read anything and everything about foreclosures, cases opinions, etc... Don't ignore any more timelines.
Everyone in these sites are here to help you. eugenevillarreal@hotmail.com
       
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gingerlee

Thanks for taking the time to spell things out for me, and for that website.  It looks like I truly have a long road ahead and I need to start yesterday. 

Warm regards

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