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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Why is this discussion closed? And by whom?
My question is; what happenes after the audit? Ok, you've got a report, and you're point has proof now. So what is the next step? Hire an attorney?
I don't find it fair that us, consumers will have to pay for services to prove that we were scamed? My lender want to scam me with the Libor rates. I have proof. So what should I do? I wrote a certified letter to them, sent proof of documents, and no answer to date. I also sent cc to Hud, to the State Atty. white collar unit-mortgage fraud, and no answer just yet. I will give them a little more time, then I will call each of them, and if that won't help either, I'm thinking about hiring an attorney, and/or go to the media.

Do anyone you have a better idea?
Thanks!
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Moose
If you didn't send them a letter that fits the requirement for a RESPA "Qualified Written Request" they actually don't have to respond. Responsible companies would, but in most subprime servicing situations you're not dealing with people with a sense of having to do the right thing.

When they don't respond, it eventually boils down to forcing them to do the right thing, and in many cases that requires the actual filing of a suit. You just threatening to sue is fruitless. A letter from an attorney MIGHT get someone's attention. An actual lawsuit does get their attention because they have to hire counsel to respond, and if they haven't responded to a RESPA letter, you already have a cause of action for which they can be fined and will have to pay your attorney's fees and court costs.

Moose





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Thank you Moose!
I just got a sample form of the Respa letter from another helping reader, and sending it out today.
People like you, and other readers are real blessings!
Thank you all!

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Interesting. You have the forensic audit and have informed the bad servicer of that fact, even sending them a copy of the audit? I am wondering if this alone will be enough to make them back off and try to work with you.

If not, I would certainly consult the media about running an expose on them. That should not cost you anything other than time. The media is on board with these stories right now and stories with rock solid proof is what they need.

Once you have done that you may find a publicity-seeking attorney who understands what he/she is looking at who will help you out pro bono. I do not mean "publicity seeking" in a negative way here. I mean one who understands the underlying issues and who wants to let the world know that he/she is available for these cases. Imagine how much traffic could be steered to his/her office when people find out!

It may ultimately help others who need help and don't know where to turn. "Bad terrible awful lawyer" stories are on this board already. It would be nice to find a good lawyer story for a change.

Leverage your expensive hard-won information to your own benefit.

JMHO. Not legal advice.

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No, I do not have the forensic audit just yet, but I do have proof of their wrong doing.
You are right about the media though, and I will do that if I don't get a response soon. Even if I can resolve this issue for myself, I wan't people to know about it, so adventually I will go to the media. For now, I must wait that 20 days they have to respond to the RESPA letter.
I will post the outcome here.


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I tried getting local and national media interested and involved in my own case last summer. They evidenced no  interest whatsoever. I did not at that time have a forensic mortgage audit. I do now. Perahps I'll try contacting them again.

I've lost my case in the lower court, have preserved my appelant rights, and am planning on some post judgment motions in the lower court. Some media involvement would certainly be a plus.


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Can you tell us about your issue? What media did you turn to; local, or national?
Did you try to resolve your issue with your lender, and if you did, what happened?
I am curious about how they are responding, (or not).
Thanks!
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My issue?

Illegal and unlawful foreclosure.

Plaintiff in my case filed suit at a time when they had no standing to do so.

Plaintiffs counsel fabricated and forged documents.

I lost on summary last June then timely filed a motion to alter, amend or vacate. The lower court gave a once over and then over ruled my motion.

I put a lot of information in front of the court to support my allegations and to disporve plaintiffs allegations.

My appelant rights are still preserved. I also intend to file post judgment motions, and to initiate an "independent action" under the umbrella of the current suit. Those motions will stop the click ticking on my appeal.

It could go a lot of different directions at this point. I could win in the lower court based on the new information. I could loose there and win in the Court of Appeals. I could loose there and win in the Supreme Court. I do know that my arguments are both right and legitimate and eventually I will win.

Now, regarding media. I conversed with an attorney in Colorado over last summer that won a case with identical parties on identical issues. We spoke several times, and during our first conversation he was literally screaming at me "YOU HAVE TO GET THE MEDIA INVOLVED!! GET YOUR STORY OUT THERE!!" It was his contention that the only reason he prevailed was because he had media coverage. As a pro se, he said, there is no reason for the court to rule in your favor, even though you have the law on your side.

I had some contact with NYT, WSJ, another national paper in my town through the business editor, several local magazines....  None of them were interested in covering either my story or the issue in general. I think part of the problem is that they consulted with their legal departments, who had as little understanding of the real issues as does the court, and as such were not able to wrap their mind aroud the truths and facts involved - they simply didn't gel with their shallow and erroneous beliefs and understandings.

On the back side of my audit I think it would be good to approach my contacts again. The material misrepresentation and fraud in origination in my case is so eggregious as to quite literally void the promissory note. Think of a p-note as a contract and it gets easier to understand that. Contracts based in/on fraud are void. And once the note is void so is the mortgage securing said note, as the intention of the mortgage was solely to secure the note.

Because my case is still ongoing, and "the other side" may be lurking here I've left out some information that may identify me.

Now, did I answer your question fully enough Judith?
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Yes, Equitable One, you did answer my question!
The things I can't comprehend are the ones regarding your fraudulent p-note, and the small minded people in our media and court systems. Your explanation of your situation seems to show that you have quite a case, but you have to jump hoops over and over to get your case noticed/ruled--fairly!! What happened to consumer rights? Why is it so simple for big corporations to screw us over? Even though it seems that there are so many of us out here fighting for our rights and money, I feel so abondonend and unprotected...and I'm sure I'm not alone! It takes these sharks a few minutes to slap us with their fees, illegal contracts, notes, etc., but it takes us months, may be years to get results, if any! Not to mention time and money!
This makes me very angry to say the least.
I hope you are going to win! I hope that we all would, because I'm pretty sure that none of us would bother to fight if we didn't think we're right!
Good luck to us!

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