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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NJ48
OneWest Bank, FSB became a national bank as of 02/28/2014. In my Motion To Dismiss pursuant to N.J.S.A. 2A;50-56(c)(11), Notice Of Intent To Foreclose, IndyMac Mortgage Services(alleged servicer), a Division of OneWest Bank, FSB, sent the notice instead of the (alleged)Lender, OneWest Bank, FSB. In my Reply to Plaintiff's Opposition, I stated that IndyMac Mortgage Services did not have authority to do business in N.J., N.J.S.A.14A:13-11, because they did not have a N.J certificate of authority to do business in N.J. as a foreign corporation. Now, Plaintiff is claiming in a special Sur-Reply granted by the court, that because OneWest is a national bank, it is exempt. My NOI was received in 2012 and OneWest just became a national bank.      


In Andre Moniz v. OneWest, FSB; U.S. District Court D. Mass., January 10, 2013. There are some outstanding revelations as to OneWest Bank, FSB claims as to being the servicer of FNMA while holding the Note and not ASSUMING ANY LIABILITY when transferring the servicing rights from the FDIC to OneWest Bank, FSB. No liability, no injury to OneWest Bank, FSB, no cause of action. ?????????????
There's a Declaration by Rebecca Marks for FNMA who previously claimed to be working for OneWest Bank, FSB.     
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JJ
It would appear that OneWest lacks capacity to sue if it was unauthorized to do business when it filed suit.  I don't know how it works in NJ, but in FL, an averment that the Plantiff lacks capacity must be raised in the answer and not in a MTD.
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NJ48
Thanks. It was raised in the my first filing, Motion to Dismiss, and then in my Answer. Complaint was amended by first plaintiff, Substitution of Plaintiff followed after vacating Default without another Amended Complaint or New Complaint, followed by Substitution of Plaintiff.
For those who have/had OneWest Bank, FSB prior to 2/28/2014, the Moniz case shows that OneWest Bank incurred no liability in assuming the servicing rights from the FDIC(?). No (true)Assignments of Mortgage from the FDIC(?).   
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NJ48
Google Federal Savings Bank(FSB). It will come up with a Wikipedia that explains FSB and N.A.(national banks).
Google will also forward you to the OCC website where it will list the N.A.s and FSBs and Corporate Applications which show the date when OneWest Bank, N.A. became effective, 02/28/2014.

OneWest Bank, FSB is now relying on its status as a N.A. but, was it was an N.A. when it initiated the Complaint.
Now that OneWest, FSB has transferred all of its servicing rights(don't forget the fraudulent Assignments of Mortgage) it can not cure the defect ???????
The court has no jurisdiction.?????
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JJ
Unfortunately NJ48, I think that, unlike standing, capacity is a defect that can be cured during the lawsuit.  Not 100% sure on this though...
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