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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This is a case that I am personally watching and am curious to see what comes with this regarding ineffective process of service here in southern Ohio.  We don't have much down here to go by lol.

http://www.clerk.co.montgomery.oh.us/pro/

2011 cv 03860

I couldn't figure out the actual link so that's all I got.

PLEASE any comments suggestions..... good, bad and ugly recommended and appreciated!


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Thomas
Hi sirrowan, nice catch. Although this case is going to apply to estates more than anything. It is interesting that the bank decided to claim that any and all heirs were unknown to skirt the process of service. Unfortunately for the bank the attorney they are up against found the heirs easily listed within the documents in the probate court.

You can't get a direct link to the case because they have their links in stealth. No right clicking on anything. You just have to search the case the way you have it written. Interestingly the status says the case is closed but if you go to the docket you will see a hearing is pending.

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Yeah its definitely important regarding estates, but its also important regarding what is considered sewer service!  Down here there is a lot of fraud going on and either the judges don't see it or they turn a blind eye.  Most cases are by default judgment and the lender never has to prove their case.

What's interesting to me is that the attorney for the lender swears in an affidavit that they made a diligent effort to locate the heirs.  Telephone records, credit bureaus, that kind of thing.  But how can you do that when you don't even know who they are (or claim to not know).

Service by publication is a BS way of serving anyone especially if you publish it in some random newspaper that while may have county wide circulation, is a newspaper that the general public does not read.  While its legal to do so, its still just BS.

Also, did you notice that they didn't even bother to attach a copy of the note to the complaint for foreclosure?  I don't understand how they got away with that.  Aren't the courts cracking down on that stuff?

Also, did you notice that the assignment of mortgage was signed by the infamous DM Wileman?  This person was involved with the huge lawsuit involving Citigroup:  Chttp://www.bloomberg.com/news/2011-02-08/citigroup-settles-as-bankrupt-homeowners-fault-use-of-mortgage-assignments.html

First Financial Bank is a small local bank in Ohio.  PHH is huge and is located in New Jersey and Florida so why would either have an assignment of mortgage created in Texas??

Also, the Affidavit of the Status of Account or whatever its called is signed by the infamous Tracy Johnson of PHH.  I don't remember where I read it, but when someone attempted to depose her she refused.

The lender is lying about the chain of title obviously.  I'd be curious to see the endorsements on the note....

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