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 sued for foreclosure by OneWest Bank in 2/11.  My 2nd Leinholder's attorney offered to represent me and we filed a Motion to Dismiss for lack of standing.  The Court dismissed the case 4/11.  I of course filed for a modification in 10/10 and is was declined for missing paperwork in 1/11.  In 2/11 I reapplied on my attorney's advice and they keep asking for a new P&L and ask that I remove items that are valid deductions per the IRS code.  I will not commit fraud as they have.  We offered to settle the case with a principal loan reduction and rate reduction.  They refused.  My attorney tells me that I can seek Declaratory Judgment; Continue the Modification (which we know is a farse); or do nothing and wait 49 years for it to go away.  I want to file for Quiet Title and get this over with.  How do I go about this without the cost of an attorney but ensure all is done correctly.  I have also been told I have to get a bond for 2 yrs to cover anyone I might miss in the action.  Any advice?

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William A. Roper, Jr.

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donut1969 said:

My attorney tells me that I can seek Declaratory Judgment; Continue the Modification (which we know is a farse); or do nothing and wait 49 years for it to go away.  


No competent attorney would advise you that you would need to wait 49 years for the matter to go away.  The statute of limiations on a suit on a negotiable instrument varies from place to place, but the model UCC provision provides for a six year limitations period.  In some places the limitation runs from each defaulted payment.  In other places, it runs from the default in the last payment due.

But almost everywhere the acceleration of the debt pursuant to a contractual acceleration clause prior to the maturity of the obligation will usually trigger the running of the limitations period.  Since acceleration is usually a condition precedent to suit, your attorney surely advised you to retain your notice of acceleration as proof should the plaintiff seek to refile after the limitations period has passed.

It sounds as though you should get another competent attorney.

Those who are advocating filing quiet title actions or seeking declaratory judgments are almost uniformly people who are engaged in debt elimination scams and swindles.

If someone tells you that you can eliminate your obligation by filing such a suit, you should obtain as much precise information from this fraudster as possible and then report this person to your state attorney general or local prosecutor.

This has also been previously discussed within other prior message threads.
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Should I seek Declaratory Judgment or just wait to see what they do.  I have been waiting almost 10 months now.  It seems they don't actually own the note and/or chain of title as it is supposed to be in a "perfect world."  I just don't want to sit stagnent for ever.  I want to move forward.  I want to either be told I owe the money to the bank because the legally own the note & thus the mortgage or I want to try to settle.  I have seen numerous cases that involved One West and either cases dismissed for lack of standing or loan modification trial period approved and then they decline & start the foreclosure process again.  I just don't want to drag this out but I want my rights protected too.  Where I live this is a new fight.  Not many attorneys are knowledgeable of all that has happened in the mortgage industry.

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You're on the right track donut1969; most attorneys are ignorant in this evolving area.

Donut1969 - I suggest you continue to educate yourself about all of this; unless you're in this for the long haul, you're bound to get incredibly frustrated.  The banksters and their attorney's have very, very deep pockets. 

You might want to join our homeowner's cooperative at

http://www.shawnna.hersid.com

For William A Roper, Jr. - you're clearly a bright guy.  The Amerilaw Group is by invitation only and I'll bet you'd benefit from seeking out experts in this area.

http://amerilawgroup.net/


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William A. Roper, Jr.

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donut1969 said:

Should I seek Declaratory Judgment or just wait to see what they do. I have been waiting almost 10 months now.  It seems they don't actually own the note and/or chain of title as it is supposed to be in a "perfect world."  I just don't want to sit stagnent for ever.  I want to move forward.  I want to either be told I owe the money to the bank because the legally own the note & thus the mortgage or I want to try to settle.  I have seen numerous cases that involved One West and either cases dismissed for lack of standing or loan modification trial period approved and then they decline & start the foreclosure process again.  I just don't want to drag this out but I want my rights protected too.  Where I live this is a new fight.  Not many attorneys are knowledgeable of all that has happened in the mortgage industry. 


Anyone who encourages you to sue to seek a declaratory judgment or to bring a quiet title action in this situation is either NUTS or is trying to rip you off using some debt elimination scam.

Your assertion that "It seems they don't actually own the note and/or chain of title as it is supposed to be in a "perfect world."" is extremely naive!

Do NOT confuse robust defenses for actual defects in the ownership of the note of the purported mortgage investor's ability to obtain valid truthful evidence and to enforce the note.

Those who tell you that you have some sort of valid quiet title action are misleading you.  Those who tell you that you have some sort of declaratory judgment action are misleading you.

Do NOT confuse hearing from someone, even an attorney, who is telling you what you want to hear and believe, and someone who is telling you that quiet title and declaratory judgment is unsound as the difference between the enlightened and the ignorant.  More likely this is the difference between the dishonest swindler and the honest attorney!

If you have avoided a foreclosure judgment and remain in possession of the property without making payments, this is probably to your financial advantage IF the property is deeply underwater and your credit rating is unimportant to you.  If you have actual remaining equity in the property which could still be recovered through a sale of the property, that completely changes the dynamic.

Quiet title actions are discussed within other threads.  There is, admittedly some difference of opinion amongst Forum regulars about the role and advisability of a quiet title action.

In my view, you are almost always far better off approaching the matter from a defensive position rather than assuming the offense and the attendant burden of proof.
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William A. Roper, Jr.

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shawnna-hersid said:

You might want to join our homeowner's cooperative at

http://www.shawnna.hersid.com

For William A Roper, Jr. - you're clearly a bright guy. The Amerilaw Group is by invitation only and I'll bet you'd benefit from seeking out experts in this area.

http://amerilawgroup.net/ 


Shawnna:

It is not readily apparent to me why I would want to follow the links of a stranger to this Forum to another site to participate in another venue.  I am already a member of a sufficient number of elite clubs that I feel no particular urgency in joining yet another even at the thoughtful and generous invitation of a total stranger.

Those clubs of which I am a member typically require sponsorship by someone actually acquainted with the prospect and it is very rare that such an elite organization would allow admittance based upon a single membership proposal.  More commonly, the prospect is introduced to other existing members one at a time, to obtain additional supporting letters, and is only actually sponsored when election to membership can be reasonably assured.

While Groucho Marx once said that he wouldn't want to join any club that would accept him as a member, I would caution that I do not aspire to membership in any club for which the admission is based upon the recommendation of a stranger whose sole basis for the proposal is the appearance of the stranger at a public message board.  I would similarly rarely be inclined to contemplate joining an organization recommended by a stranger at a bus stop either, though I would certainly entain such a suggestion if made at the Newport Yacht Club by a well established member who went to the correct schools and was a member of at least two other clubs already well known to me!

Moreover, such relationships are more commonly established after an initial introductionPerhaps you have a letter of introduction from one of my existing friends or associates?
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Yo,  Roper,  I love the way you flame anyone who suggests QT (which,  BTW,  is working nicely)

All I can think if is that old back woods saying "Kicked Dog Yelps"

Who do you work for,  the banks?

Bwahhahahhahhahha~!


V

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Foley
V.

If you can provide any Quiet Title case citations that have worked in the State of California when a homeowner is in foreclosure, send them my way I can't find any.

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Texas
Quiet Title action might be a viable path to pursue if the is no Secured Party to afford a claim to a perfected lien on the real estate title.

Just jumping into that arena without taking the required steps, well, some states might just consider an out of order action a criminal offense as it affects title to real estate.

I visited the website: http://amerilawgroup.net/, and noticed the email address of contact is: "email@email.com". Not very professional in my not so humble opinion.

Not impressed!!!!



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Texas
Warning, Will Robinson, Warning

I just spent time reviewing the website of http://amerilawgroup.net/ , subsection that claims to hold sample pleadings is empty, null, void ab initio.

Likewise, most other subsections are lacking any information.

My un-humble opinion, this is a wannabe start up needing people money to fund the operation before it becomes functional.

Danger Will Robinson, Danger, "Lost in Space."
Yeppers, you can't make the wagon go if you ain't got no horse!

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William A. Roper, Jr. wrote:


Shawnna:

It is not readily apparent to me why I would want to follow the links of a stranger to this Forum to another site to participate in another venue.  I am already a member of a sufficient number of elite clubs that I feel no particular urgency in joining yet another even at the thoughtful and generous invitation of a total stranger.

Those clubs of which I am a member typically require sponsorship by someone actually acquainted with the prospect and it is very rare that such an elite organization would allow admittance based upon a single membership proposal.  More commonly, the prospect is introduced to other existing members one at a time, to obtain additional supporting letters, and is only actually sponsored when election to membership can be reasonably assured.

While Groucho Marx once said that he wouldn't want to join any club that would accept him as a member, I would caution that I do not aspire to membership in any club for which the admission is based upon the recommendation of a stranger whose sole basis for the proposal is the appearance of the stranger at a public message board.  I would similarly rarely be inclined to contemplate joining an organization recommended by a stranger at a bus stop either, though I would certainly entain such a suggestion if made at the Newport Yacht Club by a well established member who went to the correct schools and was a member of at least two other clubs already well known to me!

Moreover, such relationships are more commonly established after an initial introductionPerhaps you have a letter of introduction from one of my existing friends or associates?


Forgive me Mr. Roper, but I'm afraid you confused the information I shared as an invitation - it most certainly was not.  I understand why you would choose to interpret it that way though - your hubris appears to know no bounds.

I simply wanted to point out that there ARE attorneys who are educating themselves - albeit with our help - about the evolving issue.

I'm afraid YOU are definitely NOT qualified to share their space.
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Texas wrote:
Warning, Will Robinson, Warning

I just spent time reviewing the website of http://amerilawgroup.net/ , subsection that claims to hold sample pleadings is empty, null, void ab initio.

Likewise, most other subsections are lacking any information.

My un-humble opinion, this is a wannabe start up needing people money to fund the operation before it becomes functional.

Danger Will Robinson, Danger, "Lost in Space."
Yeppers, you can't make the wagon go if you ain't got no horse!



And yes Texas, we are just getting started so there are some empty pages.

You too must be a paid shill for the banksters - just like Mr. Roper.


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William A. Roper, Jr.

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Shawnna said:

Forgive me Mr. Roper, but I'm afraid you confused the information I shared as an invitation - it most certainly was not. I understand why you would choose to interpret it that way though - your hubris appears to know no bounds.

I simply wanted to point out that there ARE attorneys who are educating themselves - albeit with our help - about the evolving issue.

I'm afraid YOU are definitely NOT qualified to share their space.  


Let me be CLEAR Shawnna.  I have NO INTEREST whatsoever in your silly and vacuous web site which seems devoid of anything of value, including any actual "members" to this allegedly vaunted society.

Attorneys are seekign your help?  How could you possibly be of assistance to them?  You have no knowledge or expertise whatsoever.  You simply have another pair of web sites to use as magnets for the foolish.

Just like Christian DIX and Michael HANSEN, YOU appear to be a fraud.

You appear at a mature and robust website (MS Fraud), where even recent participants are vastly better informed than yourself, and without even so much as a single post of actual interactive participation seek to draw MS Fraud Forum participants away to a vacuous website which is completely DEVOID of any useful content whatsoever!

If you want a flame, I can give you a flame.  I was being POLITE!  Your own rudeness is almost boundless.

Lets be clear for ALL.  There ARE NO ATTORNEYS actually involved in your enterprise.  NONE.  Rather, you are creating yet another portal to draw in the unwary and to victimize them.

So NOW would be a very good time for you to simply GO AWAY and seek to find other ways to draw traffic to your unfortunate site.  Drawing MY ATTENTION to your enterprise seems likely to be a rather certain means of finding yourself under far more scrutiny than you can possibly stand.
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William A. Roper, Jr. wrote:


Let me be CLEAR Shawnna.  I have NO INTEREST whatsoever in your silly and vacuous web site which seems devoid of anything of value, including any actual "members" to this allegedly vaunted society.

Attorneys are seekign your help?  How could you possibly be of assistance to them?  You have no knowledge or expertise whatsoever.  You simply have another pair of web sites to use as magnets for the foolish.

Just like Christian DIX and Michael HANSEN, YOU appear to be a fraud.

You appear at a mature and robust website (MS Fraud), where even recent participants are vastly better informed than yourself, and without even so much as a single post of actual interactive participation seek to draw MS Fraud Forum participants away to a vacuous website which is completely DEVOID of any useful content whatsoever!

If you want a flame, I can give you a flame.  I was being POLITE!  Your own rudeness is almost boundless.

Lets be clear for ALL.  There ARE NO ATTORNEYS actually involved in your enterprise.  NONE.  Rather, you are creating yet another portal to draw in the unwary and to victimize them.

So NOW would be a very good time for you to simply GO AWAY and seek to find other ways to draw traffic to your unfortunate site.  Drawing MY ATTENTION to your enterprise seems likely to be a rather certain means of finding yourself under far more scrutiny than you can possibly stand.


No Mr. Roper,

I am NOT going away and YOU will NEVER intimidate me.  EVER.

Please feel free to explore our enterprise to your hearts desire. 

You are most definitely a shill for the banksters - which is clear as day to anyone with eyes to see.

Run along now and try to intimidate someone else. 

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The reason the pages @ the Amerilaw Group are empty is that it is only available for attorneys.  Gotta be a member of the guild to get in.  Gotta stop practicing law on the internet.  Not good to let the other side know what the strategies are.  

Shark fin on top of the water will make you think twice.  But you don't get scared until the fin goes underwater,  know what I mean?

As far as the rest of you go,  the only thing I can think of is:

Kicked dawg yelps.

And as Bismark is quoted as saying,  "Many enemies,  much honour"


V.


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Bill

shawnna-hersid wrote:
William A. Roper, Jr. wrote:


Let me be CLEAR Shawnna.  I have NO INTEREST whatsoever in your silly and vacuous web site which seems devoid of anything of value, including any actual "members" to this allegedly vaunted society.

Attorneys are seekign your help?  How could you possibly be of assistance to them?  You have no knowledge or expertise whatsoever.  You simply have another pair of web sites to use as magnets for the foolish.

Just like Christian DIX and Michael HANSEN, YOU appear to be a fraud.

You appear at a mature and robust website (MS Fraud), where even recent participants are vastly better informed than yourself, and without even so much as a single post of actual interactive participation seek to draw MS Fraud Forum participants away to a vacuous website which is completely DEVOID of any useful content whatsoever!

If you want a flame, I can give you a flame.  I was being POLITE!  Your own rudeness is almost boundless.

Lets be clear for ALL.  There ARE NO ATTORNEYS actually involved in your enterprise.  NONE.  Rather, you are creating yet another portal to draw in the unwary and to victimize them.

So NOW would be a very good time for you to simply GO AWAY and seek to find other ways to draw traffic to your unfortunate site.  Drawing MY ATTENTION to your enterprise seems likely to be a rather certain means of finding yourself under far more scrutiny than you can possibly stand.


No Mr. Roper,

I am NOT going away and YOU will NEVER intimidate me.  EVER.

Please feel free to explore our enterprise to your hearts desire. 

You are most definitely a shill for the banksters - which is clear as day to anyone with eyes to see.

Run along now and try to intimidate someone else. 


MSFraud must be getting bigger then we all think.  A google search for foreclosure topics often return forum threads.  It also appears that this growth is drawing in all the carnies and scammers trying to push their products and make a buck.   Over the last few months we have been bombarded with these scammers. 

Shawnna,

Unlike a lot of forums, here, if you decide to post links to a personal site (or business site) in an attempt to draw in traffic or sell something you WILL draw a lot of scrutiny.  There are plenty of scams out there to take advantage of the less educated, sophisticated, and desperate people in foreclosure, we really don't want them here.  Rather than explain the deficiencies pointed out in your site, even explain what you do and what you hope to accomplish, you immediately attack the poster.

Quote:

You are most definitely a shill for the banksters - which is clear as day to anyone with eyes to see


The problem is that many of the participants here LIKE Mr. Roper and Texas have spent countless hours FOR YEARS at this forum to help everyone and anyone that had a question and spent countless hours of research to post cases and statutes on the forum for the benefit of everyone WITHOUT ANY COMPENSATION. 

You on the other hand have been here for a few hours.

YOU HAVE INSTANTLY LOST ALL CREDIBILITY.  

 
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I say this up front so everyone knows.  Please forgive me as I do not wish to offend anyone.  I really need constructive help trying to figure out a way to solve my prediciment.  I understand we may not all agree with what is said but can we please stay on point.  I would like as many different avenues as possible and I will review them and see what is best for my situation. 

I came upon this website when I was sued for foreclosure in 2/11.  I have found a lot of helpful information.  Some I have used and some I have not.  I have found a lot of cases to help me and my attorney get my case dismissed for lack of standing.  I am now in a position where I know the original note was assigned properly to IndyMac Bank. 

That is where it appears the assgmnet "may" be flawed.  There are a lot of different oppinions on where, when and how the assignment must be handled.  I really want to know what the "courts" are doing and what my legal rights may or may not be.  I know my Mortgage has the "MERS" clause in it which I know is still up in arms in every direction right now.  I also know the government is reviewing ways to absolve banks from being held responsible for their lack of proper paperwork etc. 

I do care about my situation and credit and would like my rights to be protected as much as the banks.  I after all live in the same country as them and have the same rights!  I do not want to sit by idly while my credit is in ruine but I do not want to pay the wrong person nor should I have to.  The laws are made for everyone not just certain people.  In my opinion, if I follow them and am to be held accountable then so should the banks.

Please let me know what avenues I have.  If you have the thread for the Quiet Title, I would like to at least be able to read it and decide for myself which is best (modification, sit and wait, persue other legal remedies, etc).  Please any avenues will be greatly appreciated.
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