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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Angelo
This is a great Appeallate decision for NY homeowners who didn't insert standing as a defense in their answer.  Up until now most courts have ruled that standing is waived if not part of their answer or pre-answer motion to dismiss, but this decision might just change that.

The defendants tried to move for an amendment of their answer to insert lack of standing, but was denied by the lower court because they waived their standing defense, but the appeallate court stated that the plaintiff wasn't prejudiced by their amandment.

"However, defenses waived under CPLR 3211(e) can nevertheless be interposed in an answer amended by leave of court pursuant to CPLR 3025(b) so long as the amendment does not cause the other party prejudice or surprise resulting directly from the delay..."

Here is the link to the decision: http://www.nycourts.gov/reporter/3dseries/2011/2011_07835.htm
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Hi All

 

Angelo, great informative post. The links were also great.

 

Can you point me in the direction of any NJ Case law in reference to Standing.

 

Thank you Angelo.

 

Best regards

 

Acesfull

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George Burns
Go the Home Page on the left side click on "Law Library" then go to "Legal Lounge".

You should also look elsewhere through the entire site.

Then look through http://www.stopforeclosurefraud.com and http://www.foreclosurehamlet.org
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John Lewis

Acesful: re standing question

 

1. on the front page of msf forum on the right side there are two terms:

 

search / chat

 

a. choose the search option

b. enter search term eg 'Standing' "new jersey' 'nj'

 

also plez reference the following msf threads re standing

 

1. On the importance of raising the affirmative defense of lack of standing in a

    pre-answer motion;

 

2. Standing as a foreclosure defense

 

etc

 

any ?'s don't hesitate to ask.

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Hi All

Re- John Lewis

Re- George Burns

Thank you for your replies. You pointed me in the right direction.

It's just amazing to me how very interesting LAW can be.

I find myself reading Caselaw until the words are coming out my ears.  LOL

This site and your relies have gave me reason to continue my fight.

TIA

Best regards

Acesfull
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