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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Hello,

I have read alot and have become pretty well versed in the ins and outs of MER's and the holder in due course. My servicer is Litton and I went on block 10/28/08 and have managed to postpone the auction consecutively for several months straight, and than it came of the foreclosure was withdrawn, I think because of implementing the Obama plan.......

Well enough is enough, I have been jerked by US Bank 2002, 2004 when pulled some crap with insurance by not paying it on time, getting us canceled and putting a forced in place policy..We did get new insurance which they would not accept so we decided to get out unfortunately due to the mess they cause us in 2002 our credit was shot and so we ended up falling into Ownit Mortgage......US Bank screwed us in our settlement costs charging us out the remainder of their forced in place policy which was over 6 months, which I also understand is illegal....The reason why I mention all the US Bank stuff is because I want to back myself up to a point where I can sue the hell out of them, but first I need to get out of this crap with Litton, whom I also intend on suing for not posting payments, holding paymemnts in suspense, etc, etc, etc.   

HERE IS MY QUESTION:
I am in Oregon, a non-judicial state. What exactly are the motions I need to file to shut the door on MER's from foreclosing and be on my way to suing the hec out of both US Bank and Litton

ALSO:
does anybody have any information on Ownit Mortgage Loan Trust Series 2005-4  which I might use in my motions that would help.......
In my original default notice it is said that 'MER's is the sole nominee for Ownit Mortgage Solutions, Inc as beneficiary', the only problem is Ownit is no longer around having gone bankrupt......This is a good thing for me yes?

I AM SORT OF DESPERATE FOR AN ANSWER AS I NEED TO FILE IN THE NEXT COUPLE OF DAYS ....PLEASE, IF ANYONE CAN ASSIST I WOULD BE MOST GRATEFUL




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Knows About Non-Judicial
Ken:

Defending against foreclosure in the non-judicial states is particularly treacherous.  I have no specific knowledge of the law in Oregon, nor am I familiar with any winning cases there.

A number of defendants have recently been making headway in obtaining Temporary Restraining Orders (TROs) in Nevada and California.  In a number of instances, they have been doing this in Federal Court.

You would probably be well counseled to look at the pleadings and motions in those successful cases.

A key problem in the non-judicial states is that YOU are put in the position of being the party seeking judicial relief and YOU therefore will have the BURDEN OF PROOF.

Another defensive aproach in non-judicial states is through a Federal Bankruptcy Court filing.  This may have several distinct advantages.  One of these is that you get an immediate civil stay that stops the foreclosure.

But another advantage is that the mortgage investor is then put in the position of being the entity which goes into court with a burden of proof.  First, they will need to file a proof of claim.  Then, they will probably also file a motion for relief of stay.

MERS has been LOSING some of these in high profile cases.

If you have the resources, I would highly encourage you to obtain a good consumer debt / bankruptcy attorney and school him or her up on things you have learned about defending your foreclosure case.

I wish I could be more helpful.  But I haven't even really read the pleadings in the successful Nevada cases.  And I am totally unacquainted with the differences in Nevada and Oregon law that might imply alterations in those pleadings.

It soulds as though you blazing new trails in Oregon.  I hate to sound negative, but I recall an old adage from Information Technology Management:  "You can always spot the pioneers!  They are the ones with tomahawks in their backs!"

Being a pioneer is dangerous!  Best of luck and God bless you!
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