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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In my foreclosure case, I found on the internet In the Bankruptcy Court for my original lender an" ORDER APPROVING THE LIQUIDATING TRUST'S MOTION FOR ORDER APROVING THE DESTRUCTION OF CERTAIN BOOKS, RECORDS AND FILES OF THE xxxxx LIQUIDATING TRUST" it states:
"The Liquidating Trust is authorized,but not directed, to destroy or otherwise dispose of or abandon certain books, records and files which are no longer needed for the administration of the Liquidating Trust" ...........These documents and files may include, among other things, the following:

(b) records containing consumer's names, social security numbers, and financial statements and other personal information, including notes, deeds and insurance forms, obtained during the course of the Debtor's lending business......            

Now I know for a fact that my mortgage is a securitized mortgage . I doubt it very much that anyone has the original note now . There is only one assignment recorded with the county .It's from the servicer to the certificate holders. "That's It" Also, In the foreclosure complaint there is a count to re establish the note.

Does anyone have any input on this?

Thank You in advance.

cmc                                                                                         
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Only the owner of the original note can foreclose. Who is suing you ? The Trust or the original lender or the servicer ?

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I would like to check out the web site you are talking about.

This could be BIG!  Nice find!
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The web site is kccllc.net

Just choose from the list or type in the company you are looking for.

I printed out the 34 pages of the motion that was granted in aug 2009 approving the destruction of notes, deeds, etc....Not to mention that the trustee and everyone involved was served by the courts...

cmc
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Ann,

The Trustee for the Certificate series is suing me, not the original lender. The original lender is in bankruptcy since 2006.

Not to mention that there is no assignment recorded from the original lender to the trust or anyone else. The only assignment recorded is from the servicer to the Certificate series.

As Mike H. has mentioned many times before...... "Death Gamble"..... But I don't think I will win in my county. It may have to go to a BK court for anyone here in my county to "LISTEN".

cmc 
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                  STRATEGIC BANKRUPTCY OPTION

There are two ways for you stop foreclosure, sale and eviction dead in its tracks. One is to file bankruptcy under Chapter 13 which is an opportunity for debtors to reorganize their payments to creditors.

  • An automatic stay goes into effect immediately upon filing with the Bankruptcy Court. Creditors who say or do anything in furtherance of collecting a debt are committing a federal crime from the moment it is filed, whether they know about it or not. 
  • However, the payments include fees to the Court and Trustee which exceeds 10% of what you pay into the Court for the benefit of your creditors, so since you are strapped for cash it further impedes your ability to work out a realistic plan.
  • Also for secured debts like mortgages, the lender can come into Bankruptcy court and ask the court to lift the automatic stay which in the past has been routinely granted and for the most part still is, UNLESS YOU DO SOMETHING ELSE.
  • WHEN YOU FILE YOUR PETITION STATE THE MORTGAGE AND NOTE TO BE CONTINGENT LIABILITIES BASED UPON TILA VIOLATIONS. You will need a full forensic review before or immediately after filing to support your position. Contact Brad at foreclosuredefensegroup@gmail.com or 888-829-4405
  • YOU SHOULD ALSO NAME, AS THE CREDITOR, THE ORIGINAL LENDER, and state the amount of the loan as a contingent liability to them. The fact is, in most cases, you have not been presented with proof of transfer of anything, nor seen any assignment, or what rights or obligations were picked up in transactions after your closing by third parties who own the servicing rights, or the mortgage or the note. The Trustee or other party coming into court or posting notices of sale on your property probably is getting his/her marching orders from someone who either doesn’t have or can’t prove they know the amounts you paid, to whom or what is currently due. PLACE THE BURDEN WHERE IT BELONGS — ON THEM.
  • Then you should state the present mortgage servicing entity to whom you are now sending your payments (this applies only where the loan has been sold which is true in 95% of the cases) as a contingent liability in an unknown or unliquidated amount. 
  • Then you should add a creditor “john Doe” as also an unknown unliquidated debt as the possible owner of a security under which he has ownership of the mortgage and note.
  • Then you should file an adversary proceeding or action under TILA, RESPA, fraud etc. making all appropriate claims for rescission, refund of interest, points, loss of value in the property etc. 
If your case is handled in this way there is a higher probability that you will survive the motion for lifting of the stay as the movant will have to prove the chain of title and authority on the mortgage and note, thus giving rise the the issue of legal standing for them to standing in the courtroom at all.
The second option, if you are faced with foreclosure, sale or eviction is just file the TILA action in Federal court and then go the State Court and ask the State Court to issue a stay because there is pending litigation in Federal Court. Usually State Court judges are more than happy to get the matter off their desks and thus grant your motion for stay, but they might not be under no obligation to do so.
Remember that whether you go straight into Federal Civil Court or Federal bankruptcy Court, which is a different division, and you are NOT represented by counsel, the Judge must do the legal research himself to determine the merit of your claims. If you are represented by counsel you need to make damn sure he knows what he is doing. Most bankruptcy lawyers don’t know an adversary proceeding or TILA action from egg on the wall. They have no experience with it. Very few lawyers or judges know this area since it only became important in the last couple of years. 
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