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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Mike

I can't afford an attorney.  I'm going to do the best I can with these scam artists.  I keep reading that we need to use proper discovery.  Does anyone have a good example so I can get a place to start?  I guess I'm looking for some base questions and things to ask for and maybe what not to ask for.  I'm not sure.

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Mike - A while back I was told that Jurisdictionary is a good resource for pro se litigants.  It is pricey - $249.00 but covers most of the bases.  There is a link to it on this sites Home Page.  The following is found under "D" on the legal terms page:

http://www.jurisdictionary.com/?refercode=WJ0007

Discovery
The process of finding facts that may lead to admissible evidence to be placed in the court file or presented at hearings or trial. The five primary discovery methods include: requests for admissions, requests for production, interrogatories, depositions, and subpoena power.

Spend some time on the site and if you can afford it you might consider buying a copy.  Most important you must get a copy of the Rules for  Civil Procedure for the jurisdiction (your state court) in which the foreclosure is filed.  Once you get a copy of the Rules memorize them.  Take it from someone who knows - you can loose a winnable case if you fail to follow the rules.  The Rules for discovery are tricky.

Best of luck
 
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George Burns
You might get some help with samples at  Neil Garfield's Livinglies blog and http://www.4closurefraud.com

Most of the lawyers at the leading edge of foreclosure defense do not seem very expensive and  in a few states the Legal Aid centers have been very good. What city and state are you in?
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    Go to the courthouse and start reading the files. Look for cases similar to
yours where the defendant has an attorney. In my opinion, studying other
cases is the best way to learn.
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Mike,
Which state are you in ?
I have few sample of discovery. Drop me an e-mail with your e-mail address,
I'll e-mail them to you.
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Mike
Ann,
   I am in Indiana.  I can't find much on the net.  I'm not sure why.  All I read is how bad foreclosures are in the state.  I live in a small town so the court house isn't much help with cases so I'm planning a trip to a bigger city to see if I can find a few files to get some cases.  I really had my hopes up that I could find a lawyer that could help me but I can't seem to find one that will fight a foreclosure.  They will help with a modification or file bankruptcy.  I did send you an email for a copy of the discovery examples.  I appreciate the help.  If anyone sees anything out there listing attorneys who will fight a foreclosure in the Indianapolis area please let me know.  I don't have much but I'm saving and I will get my taxes back in Feb so I'll come up with the money.  Until then it's pro se. 
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Bob Schmidt
Mike,

You might try Google Scholar.

A good way to search I've found:

Standing Indiana

Subject Matter Jurisdiction Indiana

Any topic then your state

Pick a case and read, then

Go to the Cite tab to see how the case is quoted.

I've found this to be very helpful.

Best of luck.  Don't get frustrated, although you will.

I've been at this for over 5 years.  Many others even more.

Bob 


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The national Association of Consumer Advocates is a nationwide group of about 2,300 lawyers who have a consumer practice.  Below is a link, use Find an Attorney, there are seven in Indiana.  But check adjoining states because lawyers who are close to a state line are usually admitted both states:

http://www.naca.net/



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The Equitable One
Not intending to be discouraging Mike but once you've filed pleadings of your own many attorneys won't consider representing you. Their view, and often times accurate, is that a pro se litigant will make many mistakes and the attorney will spend much time and energy (and your money) trying to correct the mistakes. There will always be exceptions to this but you will limit the field of possibles.
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Mike

Well I hope I didn't burn that bridge.  I filed an appearance, motion for more time for my answer, a motion to dismiss, I wanted an attorney to file my answer and fight summary judgement ect....  If I don't have any luck I guess I'll fight it myself and hope for the best.  I think the odds aren't in my favor against an attorney.  Too many technical holes to fall into. I do have lots of documented fraud.  I was considering the TV, newspaper, Attorney General route.  Does anyone think Media pressure would help?  I guess my best hope is the motion to dismiss.

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If Pro Se files a Motion to Dismiss and the Hearing is not too near, the attorney can file Amended Motion to Dismiss and start all over again. Same with the Anwer. Prose file an Answer with Affirmative Defenses , the newly hired attorney can file Amended Answer with Affirmative Defenses to correct the prose Answer.
Go to http://www.scribd.com/4foreclosurefraud and http://www.scribd.com/winstons2311 and the threat "TACTICAL CONSIDERATIONS IN FIGHTING FORECLOSURE" in this forum for some legal pleading samples.

If the Plaintiff files Motion to Summary Judgement and set hearing, the pro se should hire a lawyer well before the hearing date so the attorney has time to do research for Opposition to SMJ and Motion to Strike SMJ Affidavitts. Or the attorney can file discovery to get more info and delay the MSJ hearing.

MSJ hearing is lik a bench trial. It is very difficult to vacate the SMJ judgment so it is preferrable to have an attorney to go to the SMJ hearing. Make sure the attorney know what to do to defend your case, it's is the hardest part. Many attorneys don't know foreclosure defense. Choose them wise or you lose your home, Don't forget to bring COurt Reporter in case you want to Appeal the Judgment.
Hope this helps
Not a legal advice. Consult a lawyer


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George Burns
Mike

Use Google to look up "indiana legal services". You should find their website which I  think  is http://www.indianajustice.org
The use the "Find Legal Help" link/tab the top to get to the map of counties. Select  your county and you will get a  list of  available help.
Also read everything on the website then call the main number and ask about specific foreclosure defense and  experience they have.

IMHO and experience STAY AWAY (FAR AWAY) from NACA.
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