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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I was curious about something and wondered if anyone here could answer a question about discovery. If you are conducting discovery, what would be the proper way to request production of documents, interrogatories, and request for admissions from someone or some company not a party to the suit?

I am in Ohio so I'm not sure how much difference that makes. THanks ahead of time for any answers.
 

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O -
it's sounds like you are on the right track. You might want to check out the court house web site to see if they offer any help with sample motions or pro se information.

Make sure you read the rules of procedures for your state, it sounds like you have. you might want to motion for production of document, whiteness list exec,,

The Ohio state BAR web site might have some good info. I found it helpful to google what ever I was looking for.

Just my 2cents
 
Best Luck!
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Documents
If you want documents or testimony from a non-party you have to do it through a subpoena issued by the Court.  Additionally, non-party can object and you may have to prove to the Court the need for their documents or testimony.  In many jurisdictions you can not take the testimony from a person who lives outside your local jurisdiction, i.e., you want to take testimony you have to go to them.


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Janet
Tom,

Do one of these things or the opposition will mop the floor with in your case:

1.  Purchase  Nolo Press Book for Ohio (Barnes & Noble, or other type book stores carry them)  It is a work book for Pro Se litigants.  It is all the information you need on what to do every step of the way.


2.  Learn the rules of court:  state and local.   It is important, because the rules can include, what size font, sentence spacing, and the time frame for serving motions, responding, how many questions can you ask for interrogatories.


3.  Go to the court house and look at other type lawsuits.  Those files with be filled production demands, etc. for you to make a copy so you know what one looks like.


Other than that,   if you are a fraud victim having to be your own attorney,  you should join Where's the Justice For All?  forum.

Lots of experience with representing themselves in court and dealing with the crime against you.


http://groups.yahoo.com/group/wheresjustice4all/

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The Equitable One
Janet,

I searched for Nolo Press and it appears the only books they have associated with foreclosures are also in conjunction with filing bankruptcy. While that is one direction to move it isn't the only one.

If I missed something please let me know.

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Go to the library and look at the following books. There are samples of discovery, pleadings, motions etc.in those book
- National Consumer Law Center - Foreclosure section (ask the librarian)
-  23 legal foreclosure defenses.
-  Fight your foreclosure in Florida by G.Weiner Esq. Lots of legal forms and legal advice written by experience foreclosure defense lawyer
http://www.foreclosureprose.com
-  http://www.livinglies-wordpress.org

I find it is helpful to go to the court house and observe the foreclosure hearings. You'll learn how to handle a hearing and how the Plaintiff lawyers
present their arguments so you can be prepared for your own hearing. Foreclosure hearings are public, anybody can go in the courtroom and sit there to observe the proceeding. Note the Bank lawyer arguments and
prepare your answers in case they use the same arguments at your hearings.

 Write down what you are going to say and bring it to your hearings. At your own hearings, dress conservatively, if possible bring all household members (not crying baby though) so the Judge can see the poeple whose life will be affected by his/her decision. He  may be more lenient to you. I notice that if you are working with the bank in some kind of Loan Modification and you bring the Loan Modification file to show the Judge, he/she usually would give you time extensions to work it out with the bank before hand out the Summary Judgment. Hope this will help. 

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I found this Foreclosure Defense Manual is awsome. Downloand it for free
at http://www.msfraud.org/LAW/Lounge/BasicForeclosureLitigationDefenseManual.pdf

Good luck.
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Janet
Equitable, one, I feel your pain, but this forum is filled too much doom gloom, everything is wrong, nothing is right and its getting worse every minute.

When people come looking for help, I've noticed there is too many too quick to jump and tell them how bad is out there.

The Nolo Press work book titled:

Represent Yourself in Court

is vital for anyone having to navigate the legal system.

If you particular advice on foreclosure, as I said before, go to Where's the Justice for All?

Loads of mortgage and real estate people in there that have had to litigate their own cases and have won. 

You are not going to find a particular book per se on foreclosure.  It depends on your state.  You needs to look at the foreclosure laws to see how or if they complied.

the only way to overcome a foreclosure is if you can prove the instrument should be canceled because it was created by fraud.




The Equitable One wrote:
Janet,

I searched for Nolo Press and it appears the only books they have associated with foreclosures are also in conjunction with filing bankruptcy. While that is one direction to move it isn't the only one.

If I missed something please let me know.

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Discovery
As correctly pointed out by others, the first thing that you need to do is to acquaint yourself with the written court rules for your jurisdiction.

That having been said, your question is also relevant enough for a larger constituency that it bears a more particular answer generally subject to the express direction that you need to ultimately remain focused on the rules of your jurisdiction (Ohio).

In many jurisdictions and under the Federal Rules, there are four kinds of written discovery.  Three of these -- interrogatories, requests for production, and requests for admission -- may typically be propounded on parties.  The fourth -- depositions on written questions -- can sometimes be propounded on non-parties, though subject to possible objection by the target or an opposing party.  A fifth kind of written discovery, more of a subset of interrogatories, called "requests for disclosure" are available to discover certain mandatory facts from a party.

Most jurisdictions also provide for discovery through depositions both within the jurisdiction and elsewhere.

Your adversaries will seek to frustrate and obfuscate the discovery using both objections and possibly motions for protective orders (or other orders supressing a subpaena).

The contributor who asserts that it may be problematic to obtain discovery from a non-party is certainly correct and this is one of the critical reasons you need to read both the rules and the cases for your jurisdiction.  Obtaining discovery from an out of state non-party with a tangential role in the litigation may be particularly challenging, particularly for a pro se litigant.

One possibility to consider IF the non-party you desire to subject to discovery has an actual role in the transaction is to name the non-party in a counterclaim or crossclaim, serving that non-party and thereby bring this entity into the suit as a party.  If deadlines for naming additional parties have not passed (you may need to seek the court's permission to amend your pleadings and name an additional party), this can be an effective strategy to obtain jurisdiction over and discovery from a non-party.

For example, if you have a valid or even arguable fraud claim against the mortgage originator, mortgage broker, title company or other closing agent, intermediate mortgage investor, mortgage servicer, MERS, contract foreclosure entity (e.g. Fidelity/LPS), naming and serving that entity in a counterclaim may give you the most direct and effective means of obtaining written discovery from one or more of these entities.

This is not to say that this is a necessary pre-requisite to discovery to a current non-party.  You may be able to successfully propound a deposition on written questions to a non-party, but if the non-party is a hostile participant in the mortgage transaction allied with the plaintiff, it is going to be an uphill struggle in any case.

In researching the rules and cases, you need to take particular note of rules and cases pertaining to valid defensive measures such as the motion for a protective order as well as motions to compel.  In my experience, you will never succeed in getting any meaningful discovery from a foreclosure plaintiff or its confederates without such an order to compel.  The plaintiff will flout the rules, particularly against a pro se litigant.

Against a represented party, the plaintiff would run the risk of being charged your attorney's fees when violating the rules.  When you are self-represented, the plaintiff will usually get off with a stern warning from the court not to break the rules again.

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