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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tmc
I am rather new to this forum, but it seems a lot of the attention is focused on trying to prevent the foreclosure of a home.  Wouldn't it be better, from a strictly damage and financial perspective to fight the fight after losing the home?

My question is; how does the strategy change after the trustee sale?

If Judges are unsympathetic, would it be better/easier to forgo any declaratory action and focus on tort actions before a jury?    I live in RED state and most of my peers are not fond of big banks from NY.... 

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texas
Proving a Tort action after the fact raises the stakes from a preponderance to beyond reasonable doubt, with that be said, it can be done.
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Moose
texas - Reasonable Doubt applies only to criminal cases.

Moose


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Ethan

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Proving a Tort action after the fact raises the stakes from a preponderance to beyond reasonable doubt, with that be said, it can be done.
 

It might be more appropriate to simply point out that in judicial foreclosures, the foreclosing lender, as plaintiff, has the burden of proof.  In seeking to set aside a non-judicial foreclosure, either due to wrongful (or defective) foreclosure generally, or, more importantly, for fraud, that the borrower, as plaintiff, bears the burden of proof.

 

By whatever standard, the party bearing the burden of proof bears a greater burden.  In defending against a judicial foreclosure, the defendant need only assail the plaintiff's case and proof and establish that the plaintiff has failed to prove its case.  In bringing an action as plaintiff, it is the borrower that must carry its burden, which is not easily done.

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joannajensen
Hi,

If you wait until after foreclosure you may lose your home altogether.

If an innocent purchaser for value buys it you may be out of luck all together. 

Example.  the home sells and someone buys it, then you try to get it back.  Your chances are slim to none of getting it back because an innocent purchaser who did not know of the problem bought it. 

Your best best it to Get an attorney who knows what they are doing.  can do legal research, find the causes of action that are winning and go from there.  


JoAnna Jensen
jensenair@hotmail.com
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joannajensen
As a legal assistant working for an attorney specializing in foreclosure prevention. 

I read a lot of cases.  The cases that do not have a chance at winning are typically Pro Se.  This is usually when the homeowner files the suit them selves.

I highly suggest that if the homeowner wants to save their home invest in an attorney who knows what they are doing.  Who will go forward with necessary legal research.  Who knows who to answer a demurrer. 

Typically, when a pro se litigant gets demurred they don't file an answer.  This can be bad for other litigants or precedent.  

The reason it we have all of these cases that are losing but not on the merits only because the cases may not have been put together properly.

There are new cases that are finally gaining ground.  In CA the courts are finally agreeing the the notice of default should probably by recorded before the note was assigned to the beneficiary not two years after. 

I am not an attorney and this is not legal advice.

I highly suggest you speak with a local attorney in the state you live.  Do not work with any one but a licensed attorney in the state that either you or your home is located!
JoAnna Jensen
jensenair@hotmail.com
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Foley
joannajensen wrote:
  In CA the courts are finally agreeing the the notice of default should probably by recorded before the note was assigned to the beneficiary not two years after. 

Really?  The CA Court of Appeals says otherwise with the effect of ratification.
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tmc
Ok, assume you don't want the home!  But there were so many issues with the trustee's sale that you want to file a claim for slander of credit, infliction of emotional distress and etc.  Any thoughts on proceeding with a claim after the sale and the purpose is not to get the house back; the only purpose is to show that the trustee sale should not have happened at the time it did because of obvious violations in trustee sale statutes and show that there were damages because of it.
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topguncrdtadvsr
Did you ever file a complaint prior to the sale? How far post sale are you? I would think there are such cases going on. As a matter of fact there was one televised recently here.
http://www.tvw.org/index.php?option=com_tvwplayer&eventID=2012030003A

 It was a recent state supreme court case I believe within Washington. Its a difficult task though. Being a red state doesn't help us help you find cases that may benefit you in your endeavor. 
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t

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Ok, assume you don't want the home! But there were so many issues with the trustee's sale that you want to file a claim for slander of credit, infliction of emotional distress and etc. Any thoughts on proceeding with a claim after the sale and the purpose is not to get the house back; the only purpose is to show that the trustee sale should not have happened at the time it did because of obvious violations in trustee sale statutes and show that there were damages because of it.
 

This sounds like an unproductive avenue.

 

If you owed money on a promissory note and didn't timely pay, the slander of credit isn't going anywhere.  Infliction of emotional distress sounds like an unproductive avenue either.

 

If you have a valid basis to have the trustee's deed set aside, then consider proceeding.  But you might want to meditate about how quickly to do this.

 

Mr. Roper posted some interesting suggestions a couple of years ago about waiting out limitations before acting to void a deed from a private sale.

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