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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Question for Mike Dillon

Mike

I know you've posted this before but I can't find it.
With all your wisdom  , can you tell us the easiest way to find out exactly who owns our mortgage? For the average Joe to understand, of course.

A step by step tutorial maybe?

Greatly appreciated!!!!!!!!!!!

(And probably should be pinned up in the forum and added to the notible posts area, IMHO)


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Nye Lavalle
Must go to court and get documents in discovery and find someone who knows how to trail the dog!
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Nye Lavalle
PS. you can NEVER believe what they SAY in testimony or see in docs such as notes even with stamps and the assignments. You MUST see accounting docs and where the note comes on and off their books in addition to the checks or wire transmittals paid for the note.

If a MERS loan with MIN #, you need the MERS MILESTONE DOCUMENT which will show ownership transfers.
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Mike?

Thanks Nye but I was looking for the info that Mike had posted several times that didn't include going to court and learning who the owner is through discovery. That's just not an option for so many of us.

If I asked my servicer who owned it, and they didn't know, what would be step two?
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.

Mike? wrote:

Thanks Nye but I was looking for the info that Mike had posted several times that didn't include going to court and learning who the owner is through discovery. That's just not an option for so many of us.

If I asked my servicer who owned it, and they didn't know, what would be step two?


Start with a RESPA QWR letter. Their refusal to answer can create a future problem for them. 
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We need Mike D.

Writing a RESPA QWR won't work if the Servicer truly doesn't know who owns it.
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Moose

We need Mike D. wrote:

Writing a RESPA QWR won't work if the Servicer truly doesn't know who owns it.


The servicer knows who they write checks to every month.  If they're stupid enough to send money to unknown parties they don't stand a chance in court. They are sending money to the trustee, and the trustee knows where the money goes.

Moose

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Nye Lavalle
There isn't a servicer that we know of that tells you who owns the note. If they don't say, you have the right to go to court and get a declaratory judgment. Bottom-line, they won;t tell you even if you have a lawyer since they conceal ownership to both investors and borrowers.

We now have a way to settle cases that won't be discussed on this board and only discussed with lawyers on GOOD cases, but we're batting 1000% since implementation in October, but the right lawyer has to follow the right advice and counsel and you can throw out ALL the laws that are supposed to protect you!
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Gettin' Somewhere
Moose wrote:

We need Mike D. wrote:

Writing a RESPA QWR won't work if the Servicer truly doesn't know who owns it.


The servicer knows who they write checks to every month.  If they're stupid enough to send money to unknown parties they don't stand a chance in court. They are sending money to the trustee, and the trustee knows where the money goes.

Moose


Thanks Moose. How do you assume an average Joe find out who the trustee is? From what I recall, no one has had success getting this info from a QWR to the servicer. Is there another way?
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To be honest, the only possible thing I can think of that you're referring to are SEC filings. But in order for those to be at all useful you've got to know which specific trust you're dealing with.

If you know that info - and are fairly certain that it's accurate - then you're off to SEC.gov to dig through the S3s, 424b5s, 8-Ks and 10-Ks...

That sound at all familiar or close to what you're looking for?
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TY Mike

Mike Dillon wrote:
To be honest, the only possible thing I can think of that you're referring to are SEC filings. But in order for those to be at all useful you've got to know which specific trust you're dealing with.

If you know that info - and are fairly certain that it's accurate - then you're off to SEC.gov to dig through the S3s, 424b5s, 8-Ks and 10-Ks...

That sound at all familiar or close to what you're looking for?


Yup, exactly Mike. I know I've seen a few threads that discussed this in great detail, how to find the trust, then to the SEC site, etc. Its been a while and I've run search after search on the forum over the past two days with no luck of finding the info. Do you have it stashed somewhere handy?


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Quote:
Start with a RESPA QWR letter. Their refusal to answer can create a future problem for them.


THE MORTGAGE SERVICER ALWAYS KNOWS WHO THE INVESTOR IS!

The mortgage servicer is the AGENT of the mortgage investor and the relationship is set forth in the servicing agreement.

If you are NOT YET IN LITIGATION, you start with the RESPA QWR Letter.  If you ARE in litigation, you need to be conducting DISCOVERY.

If you are in a judicial foreclosure state, the foreclosing entity CONCEALS the mortgage investor at some peril, but WILL TRY TO GET AWAY WITH IT IF YOU LET THEM.  If you are in a non-judicial foreclsoure state, you are going to have far more trouble, unless you seek a TRO OR are in a bankruptcy setting.

Even when you SEEM TO GET ANSWERS, usually the servicer or the servicer's attorney will OBFUSCATE the TRUE NAME of the mortgage investor or will LIE ABOUT the identity of the servicer in the discovery responses.  The foreclosing entity will (a) interpose numoerous frivolous objections, (b) answer but mangle the name in a way that makes it seem PLAUSIBLE that this was simple a mistake, (c) answer but FAIL TO SIGN INTERROGATORY RESPONSES UNDER OATH, (d) contract the answer to a PROFESSIONAL PERJURER.  Usually, the mortgage servicer will do ALL OF THESE! 

Getting the CORRECT INFORMATION is going to be like peeling an onion!
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The Edgar tutorial is here: http://www.sec.gov/edgar/quickedgar.htm

 

Quickest, down and dirtiest thing I can throw together at the moment.  Feel free to augment anyone:

 

http://www.sec.gov - From here you can go anywhere – filings, enforcement, compliance, etc.

 

- select   Search for Company Filings

 

- select  Companies and other Filers

 

Once there, enter the name of the corporation or trust you want to look up. If you’ve already got the individual file number you need even better.

 

Start by looking for the S-3 issued for year of trust - if you're looking up a trust. After that, you’re off and running. Play with HTML and text to see which you can read better.

 

You’re looking for 424b5s for the specific trust that you believe your loan is in.

 

Once you find the individual prospectus, you’re up to your eyeballs in 8 and 10 Qs (quarterlies) and Ks (annuals), among other things.

 

Beyond that, “/As” (S-3/A, 10-K/A, etc) are amended filings.

 

Once you get the hang of getting around and you find the general filings of the company that you’re looking for you can limit your searches to specific form types and specific years, etc. 

Let me know if anything is incorrect or if you need more.

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Thanks Mike
Mike Dillon wrote:

The Edgar tutorial is here: http://www.sec.gov/edgar/quickedgar.htm

 

Quickest, down and dirtiest thing I can throw together at the moment.  Feel free to augment anyone:

 

http://www.sec.gov - From here you can go anywhere – filings, enforcement, compliance, etc.

 

- select   Search for Company Filings

 

- select  Companies and other Filers

 

Once there, enter the name of the corporation or trust you want to look up. If you’ve already got the individual file number you need even better.

 

Start by looking for the S-3 issued for year of trust - if you're looking up a trust. After that, you’re off and running. Play with HTML and text to see which you can read better.

 

You’re looking for 424b5s for the specific trust that you believe your loan is in.

 

Once you find the individual prospectus, you’re up to your eyeballs in 8 and 10 Qs (quarterlies) and Ks (annuals), among other things.

 

Beyond that, “/As” (S-3/A, 10-K/A, etc) are amended filings.

 

Once you get the hang of getting around and you find the general filings of the company that you’re looking for you can limit your searches to specific form types and specific years, etc. 

Let me know if anything is incorrect or if you need more.


Ahhh now I remember why I never bothered before, it looks like soooo much fun! Homework for this weekend (yawn).

Thanks Mike Your Awsome!




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