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 am in the process of filing a motion for "First Request for Discovery".

The last motion filed by Plaintiff was "Order Substituting Party Plaintiff". It was granted......

My question is: Do I somehow add in the new Party Plaintiff in my discovery??? In the Plaintiff column above the Defendant column????

I know that they will be mentioned in my Discovery. No doubt...

Any help will be greatly appreciated...

cmc
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If the judge granted change of party plaintiff, then I believe that you'll now have to use this "new" party plaintiff in all your briefs, including discovery. However, i would send discovery to the both plaintiffs. Be sure to ask in discovery if this "new" plaintiff i) is holder in due course of your original promissory note, ii) does promissory note have all endorsements or allonge attached from the original lender, to the sponsor, from sponsor to Depositor, from the Depositor to the Issuer. This is a part of the fraud where they change party plaintiff!!!  This happened to 2 of my cases.  I just sent discovery also for one of my case.

If you send me an email directly, I wil send you my 3 discoveries, that you can customize.  also, I just found this request for admissions on the internet, so feel free to add anything from this to the one i'll send you.

http://www.google.com/search?q=securitization%2C+original+lender%2C+sponsor&rls=com.microsoft:en-us:IE-SearchBox&ie=UTF-8&oe=UTF-8&sourceid=ie7&rlz=1I7ADBF_en

Don't give up! fight these crooks and WIN... by the way, we just had a WIN in Queens Supreme Court in New York! The judge in his decision and order said that the bank did not have standing!  Also, the judge had sent a supoena to the fraudulent competent witness, asking for original promissory note, PSA, proof that he worked with the bank, etc.  Of course the bank could prove NOTHING, so the judge ruled against them!!!!!
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I have a neighbor fighting his foreclosure pro-se since nearly 3 years and he still is in his house. Every time the Bank files Motion for Summary Judgment, he files a Request for Production or Interrogatories or Request for Admissions. This stops the Plaintiff from getting Summary Judgment and Sale Date.
He divided Discoveries into many parts, send one part at a time. Then wait for Plaintiff to response to one part and then send the second one. For example, first Request for Production he ask for Original of the Note and Closing Documents. It will take the bank many  month to produce them. Second Request for Production ask them to produce Assignment documents, PSA, Transfer Pooling documents, names of Trustees. Send Interrogatories and Requests to Admission to Lenders, Trustee, whoever signs assignments. It will take Plaintiff another couple months to provide these documents. Send Subpoena for Deposition to Trustee and whoever signs Affidavitt, Assignments etc. In short, divide your Discoveries in many parts to prevent the bank to short circuit your case with their Motion to Summary Judgment as it is not proper for the Judge to grant Plaintiff Summary Jugdment if Defendant is still in Discovery.
When you file your answer, Remember to include TILA, RESPA and HUD violation to the Affirmative Defense Section then ask for Jury Trial. Foreclosure itself does not merit Jury Trial but Bank violations of Federal Housing Act and Consumer Law are eligible for Jury Trial. Bank does not like Jury Trial. Jury Trial removes the Judge authority to grant Summary Judgment. I have samples of Answer with Affirmative and Jury Trial demand.
E-mail me and I will send it to you for info. Did you file Motion to Dismiss ?
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Moose
Ann wrote:
I have a neighbor fighting his foreclosure pro-se since nearly 3 years and he still is in his house. Every time the Bank files Motion for Summary Judgment, he files a Request for Production or Interrogatories or Request for Admissions. This stops the Plaintiff from getting Summary Judgment and Sale Date.
He divided Discoveries into many parts, send one part at a time. Then wait for Plaintiff to response to one part and then send the second one. For example, first Request for Production he ask for Original of the Note and Closing Documents. It will take the bank many  month to produce them. Second Request for Production ask them to produce Assignment documents, PSA, Transfer Pooling documents, names of Trustees. Send Interrogatories and Requests to Admission to Lenders, Trustee, whoever signs assignments. It will take Plaintiff another couple months to provide these documents. Send Subpoena for Deposition to Trustee and whoever signs Affidavitt, Assignments etc. In short, divide your Discoveries in many parts to prevent the bank to short circuit your case with their Motion to Summary Judgment as it is not proper for the Judge to grant Plaintiff Summary Jugdment if Defendant is still in Discovery.
When you file your answer, Remember to include TILA, RESPA and HUD violation to the Affirmative Defense Section then ask for Jury Trial. Foreclosure itself does not merit Jury Trial but Bank violations of Federal Housing Act and Consumer Law are eligible for Jury Trial. Bank does not like Jury Trial. Jury Trial removes the Judge authority to grant Summary Judgment. I have samples of Answer with Affirmative and Jury Trial demand.
E-mail me and I will send it to you for info. Did you file Motion to Dismiss ?


I would caution everyone to be sure of their local court rules when filing a series of discovery motions.  Most courts have very tight rules on discovery, including joint stipulation to a plan/schedule.  Going outside the rules could result in not being able to obtain, let alone introduce important evidence.

Moose

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I agree with you that a Pro Se litigant has to read the Civil Practices Rules and Procedures of his state to make sure that he follows the rules. However, the Defendant has rights to ask documents relevant to the lawsuit, I suppose ? I don't know the details but my neighbor is still in his house , no Summary Judgment yet.

I have 1 question : In Foreclosure lawsuit, what happens after the Summary Judgment is granted ? When it becomes Final Judgment ?
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Moose
Ann wrote:
I agree with you that a Pro Se litigant has to read the Civil Practices Rules and Procedures of his state to make sure that he follows the rules. However, the Defendant has rights to ask documents relevant to the lawsuit, I suppose ? I don't know the details but my neighbor is still in his house , no Summary Judgment yet.<br><br>I have 1 question : In Foreclosure lawsuit, what happens after the Summary Judgment is granted ? When it becomes Final Judgment ? <br>


What happens depends on the state. Summary judgment is "final" but is, as all suits are, subject to appeal.

Moose
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The Equitable One
The court erred in granting summary in my case. Note and mortgage submitted as evidence by plaintiff named a grantee and payee other than plaintiff. The court didn't care about the facts and law (I suspect the court didn't even read my response to plaintiff's motion for summary judgment) and granted plaintiff's motion for summary judgment.

I'm appealing.

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The Equitable One,

How long ago was this? What state are you in?

I am starting to get worried about all of this.

cmc
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How a Homeowner appeals a Summary Judgment ? Neil Garfield does not mention about it in his Foreclosure Defense Manual. Some attorney says they will file Motion to Cancel or Reverse the Judgment but there is no guarantee for success. Most of the time the Judge does not listen to Pro-Se at this point. After Judge grants the Bank Summary Judgment, he then schedule the sale date in 45 days (Florda) I read many Court cases, most of them end up at the Sale, Homeowner lost his house. Some homeowner files Motion to Cancel the Sale, get few more months delay and eventually lost their homes at the Court auction. Some homeowners got some kind of loan modifications, accept it to avoid the sale. Some files bankruptcy, delay the sale for 6 or more months and eventually the Bank files Motion to lift the Bankruptcy Stay and the property is back on the auction block.

Anybody has more ideas ? Where to go to appeal a Summary Judgment ? Appeal Court ?
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You file Motion to Dismiss Summary Judgment within 30 days of the date of the judgment in the same court that handed down the judgment. I know this time frame for Florida. For my townhouse in Miami, the judge handed down summary judgment against me, pro se, so I filed Motion to dismiss. Sure enough he denied my motion, so I filed Notice of Appeal on March 4, 2009, and the judge recused himself on March 5, 2009. However, I filed my initial brief in the Appellate Court and Deutsche Bank's attorneys did not file an answer in the time allotted. So i filed a motion in the appellate court to dismiss case. The court instead ordered plaintiff to file their answer by September 10, 2009, and guess what - still no answer. In the meantime, the bank's attorneys filed a motion to reset sale date in the lower court, and guess what? The "recused" judge signed the order to reset sale date to Dec 17, 2009. Immediately I filed a motion with the appellate court to dismiss that order because the order to reset sale date is a nullity since it was signed by the "recused" judge.  I also wrote to the administrative judge and the chief judge of the lower court to alert them to what this "recused" judge did.

So, the appellate court vacated the order, the "recused" judge cancelled his order, and the new judge on the case also issued an order to cancel sale date of December 17, 2009.  Would you believe that none of those 3 orders were docketted on the lower court's records from October to December????? And the court advertised my property for sale!!!  I had to call the new judge's office, clerk of the court, foreclosure department almost every day from december 8th up until december 17th.  Also had to fax the 3 orders to them!!!  Finally on 12/17/09 they finally cancelled the sale! whew!!! Then to add insult to injury, in December, the Appellate Court ruled Per Curiam Affirmed - that is they agreed with the summary judgment of the lower court, without giving an opinion for their reason or the legality of their ruling.  I immediately served Motion for Rehearing and Motion for a written opinion in order to take this case further to the Florida Supreme Court.

I did not take the actions by both courts lightly, so I filed complaints with: Federal Trade Commission, Office of the Comptroller of Currency, Federal Housing Finance Agency, USDepartment of Justice, Securities and Exchange Commission, Judicial Qualifications Commission in Florida, and the Committee on the Judiciary of the United States Senate.

I dont care how long this will take, but I insist that justice will be done in this case.  Deutsche Bank is NOT the holder in due course of my promissory note... the law suit was filed in March of 2008, and the assignment was executed (by MERS in one of those document mills) and recorded in July 2008, with verbiage "On or before February 28, 2008..."  So these guys attempted to back-dated the assignment of mortgage! That's a ciminal offense... Florida laws do NOT allow that!!!

It aint over yet... trust me on this one... a criminal complaint is in the making... the law allows you to claim 3 times the amount the criminals tried to extort from you, plus punitive damages.
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Wow, you're really put up a good fight. Florida Appelate Court already has rules that only owner of original note can foreclose. How can the Appelate Court reaffirm the Summary Judgment of the lower court ? Did you show them the case law ? Is that true that when your case is still with the Appelate Court or Supreme Court, the lower Court cannot order the Sale of the House ?

Neil Garfield Seminar points out that if the mortgage was securitized, you can ask the Court to cancel the mortgage. Do you think it possible ?
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Oh yes, I had a plethora of florida laws and rules in my briefs, but i guess because i'm a pro se, they think that i'd go away!!  Not me!!  The only way that the sale can be stayed while in appellate court is if i post a bond for the amount of the judgment... i dont have that kind of money to post a bond... so rules of the court is that with the posting of a bond there is automatic stay of the judgment/sale. Otherwise, the plaintiff can go ahead and sell.  But let them!!!!!!  It's ALL fraudulent, and that was all over my briefs.   

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Sara
Ah geeze... another creepy FL law. 

ThreeKs, please don't stop this battle!  They think they are clever and sneaky.  They think you will just give up but don't!  They will continue to bully the American public if they are allowed to.

They may win this battle but the war continues against corruption!

S


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Thanks Sara! I refuse to give up... will fight till there's no breath left in this body.... and I'll leave instructions in my will for my kids to continue the fight!!!!  It's that serious.  This fight will continue on.  Yes, these banksters are railroading the American people... we cannot allow them to win on all fronts... let's continue to fight back, and increase our army, and bring them to their knees in as many of these foreclosure cases as possible.  Let's spread the word far and near.

Did you read the case Deutsche Bank v. Bryant? It's a dream! Bank had foreclosed on Bryant's ppty in 2008. So in 2009, he got his ammunition together and went back to court challenging the foreclosure. Result??? Judge Martin Schneier, Supreme Court in New York, Brooklyn County, handed down an Order to Show Cause to deutsche bank - why an Order should not be made: 1) VACATING the judgment of foreclosure and dismissing the instant action in its entirety upon the grounds that (i) Plaintiff has misrepresented itself that it is the owner and holder of the mortgage in order to fraudulently commence this action when in fact no valid assignment has been made to Plaintiff from Fremont Investment & Loan, (ii) that this Court lacks subject matter jurisdiction where Plaintiff is not and has not been the true owner and holder of the note and mortgage at issue, and (iii) that the assignment at issue is champerteous in violation of Section 489 of the New York State Judiciary Law because the sole purpose of the defective assignment was to facilitate the fraudulent litigation begun by Plaintiff prior to the assignment's execution.

This was in May 2009.  This is what we have been saying ALL along!!!!!!
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I found this post at livinglies. Hope this may help.

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Foreclosure Defense: your Judge Not following the law? Time to go to their superiors.

Don’t accept a bad order. You can appeal a non final order using your local appellate courts. A document called a writ of certiorari can be filed for $300 that challenges a bad decision when your Honor doesn’t follow the law. Meanwhile stay your case pending the courts ruling on the writ. This will accomplish 5 things:

1) You lose the appeal but it puts your Judge on notice he better not make an error of law. No Judge wants to be overturned. See how his demeanon suddenly changes at the next hearing.

2) You win the ruling and Quash the order.

3) Your case gets put on hold if judge grants stay pending appeal

4) If Judge denied stay he can’t rule on anything that would be disruptive if the stay is granted in the future

5) No Final Judgment can be ordered until Non Final Appeal is ruled \

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A lawyer at the Seminar told me that he would file a Motion to Dissmiss for lack of standing , mortgage securizations etc. at the beginning of the lawsuit. If the Judge denies it then he would take it right away to Appeal Court before the Plaintiff files Motion for Summary Judgment.
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    OUT OF STATE TRUST CAN'T FORECLOSE
    ----------------------------------------

Foreclosure Case Dismissed in Pinellas County Based on Florida Rule of Civil Procedure 1.120(a)

December 23rd, 2009 · 

On December 16, 2009 Pinellas County Circuit Court Judge Anthony Rondolino granted a Motion to Dismiss which was filed by St. Petersburg attorney Matthew D. Weidner on December 16, 2009.  The foreclosure case was filed by Wachovia Mortgage against Weidner’s Client, Pinellas County resident Anne Matacchiero.

Weidner’s Motion to Dismiss asserted that because the entity filing the lawsuit was not properly identified as a Florida corporation, that Plaintiff could not continue its pursuit of the case according to Florida states and rules of civil procedure that restrict the activities of out of state corporations.

According to Weidner, the ruling has major impact on foreclosure cases filed across the State of Florida and in Pinellas and Hillsborough County in particular because the Plaintiff’s are not identified as required by law in the vast majority of cases.  Weidner further claims that, “If this argument was effectively made and the same ruling issued, it could result in approximately 70% of the cases currently pending in Pinellas County being dismissed.”

Does the Plaintiff have the right to foreclose?

Whether the Plaintiff that has filed foreclosure cases across the country has the capacity or the standing to maintain the lawsuits they’ve filed is increasingly becoming a key issue in many cases.  The majority of the loans that are being foreclosed on in courts around the country are no longer held by the bank or mortgage company that made the loan in the first place.  When the Plaintiff filing the lawsuit is not the original lender, real questions exist about whether they have the legal authority required to be pursuing the foreclosure case against the homeowner.  An even more complicated issue exists when the Plaintiff filing the lawsuit is not a corporation, but is a trust company or some other exotic or shadow entity that claims to be pursuing the foreclosure case on behalf of another entity as is often the case.

Can the Plaintiff produce the documents necessary to foreclose.

Much attention has been given over the last several months to the fact that oftentimes, the Plaintiffs filing foreclosure lawsuits are not able to produce the basic documents they need to file a foreclosure lawsuit, much less all the documents they need to produce in order to win a foreclosure case. Examples of documents that need to be produced include the note, assignment of mortgage and an accurate statement of account.  Because many lenders cannot even prove they are qualified or entitled to appear in court, they never get the point of producing the documents necessary to effectively proceed with their foreclosure case.

For more information, contact Matt Weidner at http://www.mattweidnerlaw.com

 
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Nice Find Ann  Thank's for posting this.

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Great job, Ann!!!!! I applaud that judge to call out the bank, we need more judges like that one in the courts all over America.  But the good thing is that one by one the judges are understanding the fraud that these banksters are perpetrating on homeowners.

Also, thanks for the info that you posted earlier, however, I had already paid $300 to file the Notice of Hearing in the appellate court. Anyway, I'm going to research that motion you talked about and see if this is an additional step that I can take.  Thanks for your support to all of us in this fight!
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My house is in foreclosure too . Thanks for all your support. It is very ecouraging to know that I am not alone in the fight. We have to support each other to get thru this.

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Sunshine
 
 
I am having to file a pro-se answer to mortgage foreclosure complaint in Florida. I filed Motion for extension of time to file answer, but judge as not ruled on it yet,and since my request for extension time is up today,  I feel I need to file answer to prevent default. I have done all the hard work myself of dealing with my mortgage servicer and now have in my hands a motifcation agreement to sign,but the plaintiff's atty is still proceeding with lawsuit, in fact just filed motion for summary judgement. Does anyone know of the proper verbiage to use when filing a pro-se answer? I mainly want to confirm that I am working with my mortgage company on a motification. I don't want to answer para by paragraph and admit or deny.
 
Thanks!   
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sunshine,

What county are you in?

Also, in order to answer the complaint. You have to admit or deny. You have to make sure you know what you are admitting to.

Why didn't the judge give you an answer in reference to your extension of time? Did you send the Plaintiff's attorney your motion for extension of time as well?

If I were you, (I'm not giving you legal advice) I would not sign a modification at this point. Who is the Plaintiff? When did they file for Final Summary Judgement?

cmc
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At my threat in this forum Tactical Consideration in fighting Foreclosure you will find samples of Foreclosure Defense motions from prominent attorneys.
I post all my findings related Foreclosure Defense pleadings at this thread.
Foreclosure Mills new tactics now is filing Motion to Summary Judgment rapidly, ignoring Homeowner Motions and Answer.
As Motion to Summary is served, I would file a Motion to Dismiss and a Request for Production and Interrogatories. Per my understanding and belief , the Motion to Dismiss will prevent a Default Judgment entered against me. The Request for Production put me in discovery mode. As a matter of law in Florida  Judge can't grant Summary Judgment until my Request for Production and Interrogatories answered by the Plaintiff. These actions will buy me few months delays so I have time to organize my situation and save some money.

As the risk of losing the home is serious and going agaisnt a bank pro se is very tough, I would look for a competent and un-expensive Foreclosure attorney as soon as my financial situation can afford before the Summary Judgment hearing. Pro-se defendants often lost their home at the end. One of the best Foreclosure Attorney in Florida is Dillon Graham Tel 305-445-9185. He is my attorney.

If I can't afford an attorney, it is better to fight it pro-se than do nothing. Go to http://www.foreclosureprose.com to get some ideas. The problem is Judge often ignore pro-se litigant at the hearing. The bank lawyer would argue with case laws and if the pro-se doesn't know how to counter attack their arguments, he often lost the case. That's why I have to hire a lawyer to defend me.
Go to the court house and sit at foreclosure proceedings and you will learn a lot. Court proceedings/trial are public. Anyone can go there and observe.
Hope this helps. Best wishes

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My mistake.
The correct website is http://www.foreclosureprose.com
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Thanks Ann !!
that is a great site to get infomation
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I have collected many Foreclosure Defense documents and pleadings written by prominent attorneys at http://www.scribd.com/winstons2311. Check it out
Even if you have an attorney, tell him/her about this site. I am sure she/he will find it helpful.
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Chet

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Ann said:

My mistake.
The correct website is http://www.foreclosureprose.com 



Unfortunately, Ann has been taken in by a noteworthy swindler who has posted SPAM on the Forum message boards.

The operator of the site shown is a scam artist engaged in criminal enterprise.  Visit this site and use its dubious materials AT YOUR OWN RISK and the RISK OF YOUR LIBERTY AND PROPERTY. 

For additional information, see the thread:

About Mike H.

http://ssgoldstar.websitetoolbox.com/post?id=5358980

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http://www.foreclosureprose.com is a good website. The owner did not ask for money nor recommend anything. The info is correct, the pleadings samples are ok for research purposes. I learn a lot from this website. Internet websites info are for research purposes, everyone knows it . Always consider hiring a lawyer for legal matter if possible.
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http://www.foreclosureprose.com is NOT owned by Mike Hansen.

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George Burns

So who owns it and who operates it?

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how to i find out a mortgage company is fraud. is SELECT PORTFOLIO SERVICING,inc a fraud company?
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Sam P
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how to i find out a mortgage company is fraud. is SELECT PORTFOLIO SERVICING,inc a fraud company?

Select Portfolio Servicing is definitely a predatory mortgage servicer that has reularly engaged in fraudulent servicing. This firm is the successor to Fairbanks Mortgage Servicing, which entered into an agreed order several years ago after being found to engage in various disreputable practices.

Even so, you will find that the company's history of dishonest and disreputable activity will be unavailing unless you can prove actual fraudulent behavior in your case.

There is a lot of additional information at this site about SPS and about foreclosure fraud in general.

Also, be particularly careful about responding to e-mail solicitations by some of the scam artists who inhabit this site. Be especially aware that a scam artist calling himself Mike H. may try to contact you to solicit business for his criminal enterprise. Mike may use one of his many aliases. To the extent that you are new here, I would encourage you to post public questions while being guarded about specific details as to your identity, location and situation. If you reveal too much information, you may regret it. If you get taken in by Mike H. or any other of the many scam artists who seek to prey upon distressed borrowers, you will definitely regret it.
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Thank you Sam P. i had a feeling about them. i refinance a rental and the mortgage went to many mortgage.inc and end with SPS , with higher % rates and when payments became hard to pay . they started new payments which were higher , no help there. then i started a chapter 7 and they disappeared . which started me think they were fraud
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Meshack
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Thank you Sam P. i had a feeling about them. i refinance a rental and the mortgage went to many mortgage.inc and end with SPS , with higher % rates and when payments became hard to pay . they started new payments which were higher , no help there. then i started a chapter 7 and they disappeared . which started me think they were fraud


SPS got caught early in its frauds well before the robo-signing scandals and other recent revelations about servicer fraud and corruption broke. This didn't result in the firm turning over a new leaf and becoming honest, but it did give them a head start on the other concerns in developing new methods to conceal and cover up their crooked ways. This firm is dishonest through and through, but in recent years was more careful about its dishonesty and deceit, having been previously caught.
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hongphuc
Ann wrote:
I have a neighbor fighting his foreclosure pro-se since nearly 3 years and he still is in his house. Every time the Bank files Motion for Summary Judgment, he files a Request for Production or Interrogatories or Request for Admissions. This stops the Plaintiff from getting Summary Judgment and Sale Date.
He divided Discoveries into many parts, send one part at a time. Then wait for Plaintiff to response to one part and then send the second one. For example, first Request for Production he ask for Original of the Note and Closing Documents. It will take the bank many  month to produce them. Second Request for Production ask them to produce Assignment documents, PSA, Transfer Pooling documents, names of Trustees. Send Interrogatories and Requests to Admission to Lenders, Trustee, whoever signs assignments. It will take Plaintiff another couple months to provide these documents. Send Subpoena for Deposition to Trustee and whoever signs Affidavitt, Assignments etc. In short, divide your Discoveries in many parts to prevent the bank to short circuit your case with their Motion to Summary Judgment as it is not proper for the Judge to grant Plaintiff Summary Jugdment if Defendant is still in Discovery.
When you file your answer, Remember to include TILA, RESPA and HUD violation to the Affirmative Defense Section then ask for Jury Trial. Foreclosure itself does not merit Jury Trial but Bank violations of Federal Housing Act and Consumer Law are eligible for Jury Trial. Bank does not like Jury Trial. Jury Trial removes the Judge authority to grant Summary Judgment. I have samples of Answer with Affirmative and Jury Trial demand.
E-mail me and I will send it to you for info. Did you file Motion to Dismiss ?

Hi Ann,
I found this post from you. Would you please let me know if I can file discovery after Summary Judgment has been granted? do you have any discovery example for me to use? thank you so much
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