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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So,

We agreed to have our belongings out of the foreclosed property we lost in Jan 08, I had put off the foreclosure by filing bankruptcy (on my own for $50 deposit) as well as joining any and all non profit organizations like NACA and HOPE, but due to illness and loss of jobs we did not qualify for a restructure and or refinance with the NPO's.  Any suggestions to stop the legal ramifications of not leaving the premises by 5/19/08 would be greatly appreciated!

R

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Digger

Sorry if I previously missed it, but what are your legal issues?  What are you claiming the mortgage company did wrong?

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   Many people would like to help you but you don't give enough info to
make that possible. What State are you in? Was it a Judicial foreclosure or
a Trustee foreclosure? Did you try to get the help of a lawyer or not?
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Sorry about that, Trustee foreclosure as in DEUTSCHE Bank, state is Ma.  I had a lawyer look at my documents pro bono of course and has yet to determine if he can help us in anyway.  We had an arm mortgage that started at 10.9 percent. 

Washington Mutual refused to give us any kind of restructure we could afford. 

The original note was with Long Beach Mortgage and the payments ended up going to Wamu

We were able to make the $3,200. per month payment for about 6 months into the loan untill injury and loss of job put us behind - and DEUTSCHE started foreclosure proceedings, I believe within a few months. 

Sorry for assuming anyone was aware of the specifics when i posted yesterday, its been a long haul, just was hoping that someone would tell me about some law that was recently passed or something along that line.  My appreciation to this website and to the many folks that have given their valuable time to help me, I sincerely thank you all.
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     Personally, I'm not very knowledgable about the procedures in a trust
deed state like MA (is that Montana?)
     However in a judicial foreclosure state like Florida, the main issue would
be to save your credit and not wind up with a deficiency judgement if
the property sells for less than you owe on it. (It seems that today, lots
of people are "upside down" in their property, ie owe more than it is worth.)
     Alot of people let it go on the Court House steps for a token amount,
let's say $100. Then they not only lose their house, but wind up with an
unsatisfied judgement for the full amount.
     Personally, I would attend the auction and make sure it gets bid up
to at least what it is worth. I would also make sure it is in pristine condition
when you hand over the keys. Some idiots think its cool to "trash" the
house before leaving, but this is the worst thing a person could do. Your
reputation would be "trashed" forever and you could forget about ever
buying a home again. Perhaps the lender will let you rent it for awhile until
a new buyer is found. In todays market, that seems like a good bet!
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Digger

Has it been determined who owns your Note?  They must produce the Original in order to have standing to foreclose.  Look up Federal Rule 17: "true party in interest" rule.

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Mike H.

     I know that our credit is trashed for a very long time, and thoughts of buying a new home are so far removed at this point I doubt I'll be attempting to, but are you saying that somewhere on our credit report there is a place for your "reputation" being trashed if you don't hand the keys over with the home in pristine condition??

     My wife and I are out of work and I had a business there for 20 years, my father and grandfather had business's there back to the 1940's, in the 19th century their was comb making there, point being, We have no way of removing all of our personal belongings and or the previous owners.  Other than taking our clothes and our most cherished family pictures, the new owner will get to clean up decades of misc. items.

     Out of respect for the home that I put my blood sweat and tears into for the last 35 years, I can only hand over the keys and perhaps a broom for whomever would like to sweep up.

     Thanks for your post, but I disagree about our "reputation" being trashed, through predatory lending and M S Fraud that has already been taken care of.

     Good Luck to all!

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Rick,

We've all been trying to help you with this. Now I remember you filed bankruptcy a while back. Can you please tell us what version you did? Have you done more than one bankruptcy? And when was the last banko filed?

Depending on these things will tell you if you can refile or not. The other ??? is if you can fit the parameters for a bankruptcy again and file another chp 13 is there a chance you'll be able to afford to make a mortgage pymt and the trustee for the chp 13?

I've organized a complaint myself. However, I've been uncertain about the proper way to file so may do another chp 13 and place within district court. See who comes up with really wanting the truth to be known. As I've been unable to find an attorney to help with doing it outside of bankruptcy court to get a tro and supersedas bond. So I'll do it this way. I'm sure to say the least they'll be somewhat surpised at my filing. I know I spoke to a good consumer atty here in Stl but he still was unable to help but thought the complaint looks very well written.

There is an attorney in Boston. I'm not sure how far u are from Boston. He's the attorney whose been effective

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ksu
Rick,

We've all been trying to help you with this. Now I remember you filed bankruptcy a while back. Can you please tell us what version you did? Have you done more than one bankruptcy? And when was the last banko filed? Depending on when it was dismissed and how can determine your capability for filing again. Sometimes upon a dismissal of bankruptcy they can restrict u from filing a chp 13 again within 6 months. Also if someone has done a chp 7 previously they can't refile a chp 13 anytime after filing for 4 yrs

Depending on these things will tell you if you can refile or not. The other ??? is if you can fit the parameters for a bankruptcy again and file another chp 13 is there a chance you'll be able to afford to make a mortgage pymt and the trustee for the chp 13?

I've organized a complaint myself. However, I've been uncertain about the proper way to file so may do another chp 13 and place within district court. See who comes up with really wanting the truth to be known. As I've been unable to find an attorney to help with doing it outside of bankruptcy court to get a tro and supersedas bond. So I'll do it this way. I'm sure to say the least they'll be somewhat surpised at my filing. I know I spoke to a good consumer atty here in Stl but he still was unable to help but thought the complaint looks very well written.

There is an attorney in Boston. I'm not sure how far u are from Boston. He's the attorney whose been effective recently there in the Sima Schwartz case. One of her case # 06-42476....

David G. Baker
Firm: David G. Baker

Address: 105 Union Wharf
Boston, MA 02109
                                                Map & Directions

Phone: (617) 367-4260
Fax: (617) 507-8411


Don't know if you've tried him or not. But sometimes even if you have you may need to try again. If you have to go the route in filing again you can always use your previous filing as a guide to do your own paperwork this time if you have to. And prepare yourself to learn about the different procedures of the court.

As far as credit being trashed it can be rebuilt. But you have to determine how to do it best. If you can prove they've done things with malicious intent to defraud everyone you have a better shot and getting them to fix your credit based on the outcome of u winning your case. They notify them that your credit is bad. They can also notify them that they made errors and need to correct it. Also should u win you should have funds to clear up any other mishaps that have occurred.

But the only way to get the HELP YOU need is by informing us. We'll all do our best to assist you. We may all have our different methods but we've all provided you insight. Insight no one will give you for all the $$$ in the world. Insight of structuring a winning case is dependent on getting accurate answers. Answers that a lot of attorneys aren't giving. It's DISGRACEFUL what the WHOLE BANKING CORPORATIONS are doing.

Stay Strong. Prepare yourself for everything.

God Bless,

Kathy

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 Rick,
    What I should have said is "Bad things happen to good people" but
sometimes "Good things happen to good people". The fact your credit
was damaged by the foreclosure is one thing but your reputation among
lenders is not damaged if you return a property that is worth somewhere
near what was lent against it.
    Yes lenders do have an informal system of keeping track of how a
person returns a property.
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