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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The Ohio Court of Appeals for the Sixth Appellate District (Erie) reversed and remanded a summary judgment today in the case HSBC Mortgage Servicers, Inc. v. Edmon, based upon the evidentiary and conditions precedent arguments suggested by Mr. Roper here at the Forum. The case is:

[i]HSBC Mortgage Servicers, Inc. v. Edmon, 2012-Ohio-4990 (Ohio App. 6th Dist Oct 26, 2012)[/b]

This case is a good read. It shows how an affidavit can be impeached by deposing an affiant and showing that the affiant actually never had physical possession and custody of the originals of documents authenticated. This is suggested by Mr. Roper's discussion on hearsay.

Separately, the defendant also raised a conditions precedent argument. This was almost ineffective, because the defendant failed to heed Mr. Roper's suggestion that a denial of conditions precedent be plead with particularity, as required by the Rules. But in Edmon, the plaintiff apparently screwed up by not making the winning condition precedent argument!
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It is interesting that these basic strategies suggested by Mr. Roper seem to work over and over again while various other approaches peddled by scam artists never seem to work at all.
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