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 Equitable One
MSFraud, on the homepage, has begun carrying a link to an Omnibus Motion that makes some pretty strong claims in re "making foreclosures go away" by utilizing several different defenses. The paper has apparently been researched and written by the Documentary Clearing House and is for sale to attorneys and to pro se litigants.

Has anyone had any direct experience with this Omnibus Motion either through being able to actually read the document, or even using it in a case of their own?

I am curious, but also leery.

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I am leery as well. As good intentioned as it seems, with a price tag like that it gives the impression they don't intend to sell many of them. If it's that good, and that true, make it $50 instead of almost $600. Make it affordable for anyone to purchase and use.

Chances are there would be 1000 times more sales at the lower price and even though it's only 8% of the original price they would make a killing. To me it doesn't seem they are that confident. Just my 2 cents.
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I sent an email to the party advertising this motion. He called me within a half hour.

I explained to him that I already filed a motion to dismiss due to lack of standing. He said that I could file this as a supplement to my motion to dismiss. "Does anyone know if this makes sense"?

The Equitable One; I am happy that you asked..... Because that was my next step. My other half wanted me to buy it. I am trying to research this. I googled it and I haven't found not one case out there. Maybe I am not putting the wrong words into google.

So if someone knows something about this. "Please let us know." It would be appreciated...
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    I haven't seen this "omnibus motion" but based upon what I've read in their own advertisement, it is supposed to work especially well in Florida if the mortgage loan was securitized, which means MERS got the mortgage and the Note was securitized. This bifurcation of the Note and mortgage in a
State like Florida with a Homestead Exemption for owner occupied properties,
looks very problematic for the Trust that is securitizing the Notes.
    In other States, without the Homestead Exemption, I doubt that such a
motion would work as well because all the Trust needs is the Note to file
a regular action (not foreclosure) and then go for a Sheriff Sale instead of
a Clerk of Court sale. In any case, I can't wait to see what's in it! I hope it's as good as the hoop-la says it is.
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The Equitable One
There own advertisement is just that, an advertisement.

I am not aware that an alleged loan having been securitized is a guarantee that MERS is involved.

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Curious
All one has to do is find a case where this motion has been filed and follow the case and copy the motion to see if it works!  Any clues or cases?
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My attorney has been trying to dig around and see if anyone used this but has been hitting a hard rock.  Seems like no one is talking.  I also emailed the author of the motion, Richard Kessler, and requested references, as well as, contact my attorney because she is quite interested and he hasn't responded yet.  It's an exciting opportunity but why pay for it if no one is using it and it's not working?

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     Most of the recent mortgage transactions I've looked at since about 2005, MERS was named as the mortgagee and the Note ended up being
securitized. This is why the Note often gets lost with no chain of title to show who owns it. Mers was trying for a while to foreclose, even though
it never owned the Note and therefore had no standing to foreclose. Then
Mers started assigning the mortgages to the foreclosing entities which still
could not prove ownership of the Note, so the assignment didn't help much, as long as the defendant made an issue out of it.
     Bottom line, if the plaintiff can not show a valid chain of title to the Note,
it should not have any standing to file a complaint in regular(law) Court or foreclosure(equity) Court. If Mers was the original mortgagee, without ever
owning the Note, than the mortgage is a nullity, since a lein based on nothing
is nothing. If the property is homesteaded in Florida (or Texas), even a regular (law) judgement against the borrower will not permit the plaintiff to
immediately sell the property (as long as it's homesteaded). For non homestead property, not having a valid mortgage won't make much difference
if the plaintiff can show valid ownership of the Note. The plaintiff can just
do a sheriff sale like a regular action at law. In the latter situation, I suppose
only a bankruptcy could stop the sale and leave a viable option for keeping
the property. My opinion only, I'm not a lawyer, only a careful observer.
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The Equitable One
I've recently found materials compiled and published by the National Consumer Law Center that I am thinking of pretty highly. The ones I've been looking at are their "Foreclosures" and their "Truth in Lending" books. I'm looking at the 2007 editions and the supplements for 2008. They have a 2009 supplement as well that I've not yet seen. This is an emerging area of law so the most current is always preferred.

Many of the issues we discuss here on MSFraud are included, and many of the same cases in support. Both books are lengthy at about 800 pages each, with the  2008 supplements adding another 150-300 pages.

Sample pleadings of all kinds are included - complaints, answers, discovery, etc.

They aren't "silver bullets" but they cover a wide area, seem to be well researched, and offer lots of good information and strategies. They can be purchased through the NCLC site, through Amazon, or through other new and used book dealers. A CD is also included. Here is a link to the NCLC site home page:

http://www.consumerlaw.org/

Here is a link to the Foreclosures book itself:

https://shop.consumerlaw.org/index.asp?PageAction=VIEWPROD&ProdID=6

I've checked out copies from my local law library. Unfortunately these do not include the CD's. If they did I'd likely be posting a fair number of the pleadings, etc. Typing these documents into a word file manually is a task I simply don't have the time to do at this point, as they are fairly extensive.

After looking through these books it is difficult for me to imagine an "Omnibus Motion" that has substantial mystery shrouding it at present will have enough oompf to justify its fairly high price tag. This opinion, of course, is based on no direct knowledge of the motion.

I'm still curious about it (Omnibus) but I'm also impressed with the resource material I've found on the library shelf from NCLC.






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Janet
A $600 motion that is the silver bullet?


Paaaaaaleeeeeese   



Here's the magic bullet   ---  do the leg work like the attorneys do.  Reseach, research, research.  buy a Nolo Press book.

Go to your county courthouse and spend the day or several days and read, take notes, or make copies of lawsuits just like what you want to file.

Find the cases that won.

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Stephen

The tough part is getting to judge to read the case and stay awake in court.

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    That's why you need to hire a court reporter, so if the Judge either forgets or falls asleep during argument, you can refresh his memory!
     The average judge probably is working on at least 1000 cases, so with
out some mechanism to get him to recall the facts of a specific case. any
thing is possible. I believe having a court reporter present saved my home,
since I was defending pro se and if I hadn't been able to show in writing the
lies and distortions of the plaintiff's attorney, I would have lost!
     To us the defendant, the case is extremely important, but imagine how
all this would sound to you if you had to listen to it for a living. That is the
situation of the Judge. After awhile, a normal human being would probably
be on the verge of screaming "all of you get out of hear and solve it in mediation". Which is exactly what they do.
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Foreclosure Fraud


This motion has been authorized to be used free of charge through Gulf Coast Legal Services of Florida, http://www.gulfcoastlegal.org/ . Gulfcoast Legal Services (GLS) is a non-profit corporation providing free legal assistance to income eligible residents of the greater Tampa Bay area.  They have offices in Pinellas, Manatee, Sarasota and Hillsborough counties. Maybe someone that lives in this area could see if they can get a copy from them. I tried but being that I was not a resident of the area they wouldnt help me.


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Ed
The first time if it's ever actually filed in a case it's a public document which means anyone can use it.
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Has anyone heard anything on this Omnibus motion yet?  I'm still interested but can't find anyone online bragging about it.  I've emailed the author of the motion and he totally ignored me.


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Has anyone used the Omnibus motion yet? 

I'm still interested in purchasing this if it works.

Thanks
Tom
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Does anyone know of any cases out there where this Omnibus Motion was used?

If so, please let me know!
Thank you!
Tom
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http://www.scribd.com/doc/57626848/Zulueta-Bankruptcy-Court-Transcript


Fraudclosure Transcript |

In re: FELIPE ZULUETA, JR. – Judge Edward Jellen “Well, you know, the bottom line is you’re not going to get a free house.”

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My name is Aubrey Myers I live in St Louis, MO I have a problem in 2005 myself and my ex purchase a home in Florissant Mo, We have since broke up. The thing is when we broke I found out that her name was the only name on the Deed, Now when we purchase the house she was not working and I had to use my income to get the loan. and because my name is not on the deed I can't get copies of the loan documents can somewant help me.
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I'm not sure if St. Louis County is online at netronline.com or not. If so they will show you what was recorded initially when the lien was put upon your home. The fact that the loan is in your name should be a benefit. At any rate if STL County isn't online an in person search can be done at their offices. Which I believe are in Clayton MO. As far as the ex issue will they sign a Quit Claim Deed to relinquish their interest in the property? That may be the easiest way to rectify this. If I'm wrong I'm sure someone else will chime in and let me know. 
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