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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William A. Roper, Jr.
In a remarkable case before the Connecticut Superior Court decided in November 2009 and published earlier this month, the appellate court set aside an unusual sealing order imposed by a trial court on motion from Bank of New York, as trustee.  The case is:

Bank of N.Y. v. Bell, CV075103037, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD AT HARTFORD, 2009 Conn. Super. LEXIS 3087, November 12, 2009, Decided, November 12, 2009, Filed; May 11, 2010, Published in the Connecticut Law Journal.


http://www.jud.ct.gov/external/supapp/Cases/AROap/AP120/120AP509.pdf


In this case, defendant Bell challenged the plaintiff's standing to foreclose.  Apparently, unlike so many of the foreclosure mills nationally, the plaintiff sought to demonstrate its standing by pleading into the record several primary documents from the institutional trust bringing the suit, including a schedule of trusts managed by the trustee and a schedule identifying the mortgages nationally within the mortgage trust bringing the foreclosure action.

(Of course, pleading REAL evidence into the public court records is a very dangerous thing where contract forgers and perjurers everywhere else are creating false records in support of a foreclosure!  What if someone took the real records and began comparing them with the fabricated evidence used in other places?)

The plaintiff in the case sought and obtained a sealing order directing that exhibits 4, 4A and 5, be sealed.

The appellate court overturned that order.  I will otherwise let the appellate decision speak for itself.

Attorneys and litigants interested in finding evidence of false pleading, forgery and falsification of business records in other judicial proceedings are encouraged to obtain copies of these previously sealed exhibits to use in their investigations.  Perhaps someone can find a basis to put together a good class action lawsuit!

Maybe someone will even purchase a copy of these previously sealed exhibits from the Clerk for the Judicial District of Hartford and post them for everyone to see!
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The Equitable One
Good finds all William A. Good cases, and good, insightful commentary. We've missed you these past months.

As for the evidence entered in Bank of New York v Bell I am a little surprised plaintiff pleaded in real evidence. They (collectively any entities on the the side of plaintiff, and their minions [They]) hate doing or saying anything under oath, or producing any documents that are grounded in reality.

That they sought to cover this gaff by having the records sealed is not surprising. Neither is the trial courts willingness to offer them this protection. With only a few exceptions trial courts seem most willing to go along with whatever they request or desire, and in some instances even offer instructions to they when what they have provided doesn't quite cut the muster.

There was a post on Weidner's site the other day regarding an affidavit entered in conjunction with a motion for a protective order. A similar dynamic in terms of trying to distance from, or keep hidden, anything "real." Rather than restate that post I'll provide a link to such:

http://mattweidnerlaw.com/blog/2010/05/look-how-hard-the-foreclosure-mills-will-fight-not-to-have-a-robo-signers-deposition-taken/

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Bill thank you for your recent service to our country, and your continued service to this site.
 
Gary Wait
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Hi Bill,

Didn't know for sure that you were in the service of our country.

I would like to thank you for your service.

I would also like to thank you for your recent postings.  I have been able to use your constitutional suggestion, in particular.

Best,
Bob
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Mr. Roper,

I second that.... You have been a great help to me. You put me on the right tract and off I went. Again, "THANK YOU".........

cmc
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Mr. Roper,
Kudos for your service for the country and your valuable posts on this site.
I copied your posts in my computer files so I can refer to them in the future.
Thanks.
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