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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One of the biggest complaints that homeowner defendants have is that they cannot seem to find a good attorney "who gets it," and/or can "get it" very quickly, efficiently and ECONOMICALLY, and who would have very strong "street cred" with the state court judge in the foreclosure defense area. (Remember, when you tell the judge the law correctly, it sounds like fingernails on a chalkboard to him; when this atty tells him the exact same thing, it will sound as if it came down from Mt. Sinai.) 
Where to find such an attorney?

Look no further.

He or she is a Chapter 7 trustee at your local bankruptcy court.  Depending on the size of your BK jurisdiction, there might be anywhere from 3-15 such Ch. 7 trustees.  These are private practice lawyers who administer Ch. 7 cases for the BK court and for the ultimate benefit of the unsecured creditors. They get a pittance for being a Ch. 7 trustee. I think that it is less than $100 per case.  But they also get a piece of the BK estate that goes to the unsecured creditors.  And the bigger that unsecured BK estate, the more money they make. So as you can see, they have a very big incentive to litigate secured creditors into an unsecured status. As such, they are very learned in this area. They have great Federal and BK case cites right in your district that they can bring to bear on your defense. They also have tons of adversary proceedings on which to draw to support your defensive claims. And plaintiff's lawyers are not going to try and jerk these guys around like they would a pro se or a local atty not versed in the subject matter at hand. Furthermore, the mill attys don't want to mess with this guy, because they don't want to meet up with him in BK court at a later date where he can get a federal BK judge to sanction them at the drop of a hat for fraud.

But you don't necessarily want to deal with them as your Ch. 7 trustee.  You want to hire them to represent you in state court in the foreclosure action.  Presto! All of the above requirements are met.  You may want to suggest to him or her that a third party will be paying them and you will be reimbursing the third party. This prevents payments and payables to the attorney as being seen as payments made preferentially to an unsecured creditor, that would subject them to a clawback by the BK court. The last thing he or she wants is to represent you in state court, and then see his or her name listed on your BK schedules as an unsecured creditor.


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