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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Margaret
I have a question & I am having a hard time finding the answer. Going to try and explain as best I can.

1) Homeowner has a mortgage with IndyMac Bank as lender. MERS is listed as mortgagee. Homeowner is not aware of MERS or that IndyMac sold their mortgage in a bundle etc....So, they put down IndyMac as the mortgage holder when they file bankruptcy.

2) Homeowner files Chapter 13 & IndyMac is listed as the secured creditor. Homeowner make payments outside the plan. IndyMac goes belly up....homeowner falls behind on mortgage payments. They find out because they were paying the mortgage outside the plan they do not have protection under the bankruptcy. They also find out that IndyMac does not own their loan, which comes as a surprise, because this is the first they are hearing of this.

The creditor is supposed to file a proof of claim when the bankruptcy is filed. Do they need to also file a proof of claim if it is listed as a secured creditor and payments are going to be made outside the plan?

What happens in a case like this where the homeowner thinks the lender owns their mortage note and they file for bankruptcy. Lender does not tell the court they don't actually own the loan, they are just the servicer.

Would homeowner still owe the original note holder, because the servicer was listed on their bankrupcty, not the note holder?

How does that work? Thanks




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Ed
Your bankruptcy attorney may be liable for not representing you adequately
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