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 wrote a QWR letter to HomEq Servicing in September. I received their response a few days ago. They "answered" most of the questions I requested except for 1 important one. I asked for a detailed explaination of the charges and fees listed under the words "other and advances". They told me that since we are in bankruptcy that if we were ordered to pay these charges that they would then explain them. Since these "charges" are on our statement are they "required" to disclose this information to us even if we are not ordered by the court to pay them? I believe the reason that they do not want to disclose them is that they will have time to "manufacture" what these fees and charges are for. Can we demand in another written request for them to be explained in detail to us? Since it is on our statements would that be a part of the "Right to Know" act? I need some suggestion if anyone can help.

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Moose
Communication with a debtor during bankruptcy is tricky, and will vary from state to state based on what bankruptcy court you're under.

For example, in Kansas, the servicer has to generate a fairly detailed monthly statement instead of using coupons during the bankruptcy.

This isn't legal advice, but your attorney should petition the court to order them to define any such claims they might raise post-petition or post discharge so the court can rule on them.

What they're probably trying to do is hide charges that aren't viable that they can then spring on you after dishcharge.

Moose

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I forgot to add that we also "requested" written documentation of any and all phone calls that we had with them. We were nformed that "such documentation, assuming its existence, would be considered proprietary information that cannot be provided unless pursuant to a valid court order." Do we have to get a court order to get this or can our BK lawyer order this? I think that we need to get this documentation before hand so we have record of this ahead of time so that they do not try to "add" conversations that never took place. I don't believe that any of these servicers actually record the conversations because it would catch them in their lies. We have all of our phone records with dates and times of each and every conversation we had with them. Are they required to disclose these calls to us and state whether they exist or not?

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I only communicate by mail so that I have everything in writting.

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I am in Illinois if anyone can help.

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Moose
Vicki Sitton wrote:
 ...Do we have to get a court order to get this or can our BK lawyer order this?

If they don't itemize it in their proof of claim, your BK attorney will have to file a motion to have the court compel them to reveal it.

Vicki Sitton wrote:
I think that we need to get this documentation before hand so we have record of this ahead of time so that they do not try to "add" conversations that never took place. I don't believe that any of these servicers actually record the conversations because it would catch them in their lies.

They do indeed record the conversations as well as make notes. You'll have to talk to your attorney about how to get them introduced into evidence through the discovery process. Court rules for discovery differ.

Vicki Sitton wrote:
We have all of our phone records with dates and times of each and every conversation we had with them. Are they required to disclose these calls to us and state whether they exist or not?

This isn't legal advice, but generally speaking, he who has the most documentation wins.  If you have your contemporaneous notes, you're way ahead of most people who can't even remember what day they talked to them or how many times or even whom they talked with.

That's only one of the reasons I recommend you not talk to them on the phone. Rarely do you gain anything while often they do.  They are trained to take advantage of you.

Moose


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