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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Hi All

I am located in NJ. This is a small history in regard to the recording or lack there of on my mortgage note/deed.

1- 2004- purchased property- mortgage recorded as Aces full ( Mortgagee )

US National Bank in trust and Option One Mortgage as (Mortgagor )

2- 2006- Cash out refinance- 2004- Note Satisfied

3- 2006-  ( 0 ) considerations- Refinance note not recorded. ???

4- 2009- Mortgage Modification-  Not recorded

5- 2010- Mortgage Modification- Not recorded

It turns out that in 2006 the new cash out refinance show paying off the note from 2004. However the 2006 refinance listed $0 for consideration.
This seems odd.

The 2009- Mortgage modification is not recorded.
The 2010- Mortgage modification is not recorded.

In there foreclosure complaint, US Bank states that I was given 2 modifications, and both were not recorded.  They are correct.

According to the records the original mortgage note was satisfied in 2006.

There is no recording of the dollar amount from the 2006 refinance.

Another caveat the attorneys for US Bank failed to attach a copy of the original note or contract.

Now would you advise I seek the services of a Title insurance Company to see what is going on with the title and the recording of such as required by NJ State law? Should I simply file a Quite Title Motion with the court?
This whole foreclosure issue is very complicated. I am not ready to hire counsel at this stage in the proceedings. Any advice would be greatly appreciated.

Best regards

Acesfull

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    One fast and easy way to educate yourself is to sign up for PACER so you
can log into Federal Court cases in your area of NJ. Look at 210 & 290 cases
and read the pleadings and study the filings.(ie real estate cases)
     Another way is to go to your local NJ Court House and start reading the
case files for similar foreclosure cases with the same plaintiff.
     Since it appears NJ is a judicial foreclosure State, the plaintiff must produce the recorded mortgage, any assignments and the original Note showing all the endorsements of when the Note was transferred and to whom. The endorsements on the Note should match the assignments of the
mortgage.
      If you are near Rutgers, visit the law library and see if you can find a
law student to help you with the fundamentals. He/she could probably use
a little financial help and it would be alot cheaper than a lawyer. Once you
have the basics done, you should be able to negotiate a lower fee for a real
lawyer because you will be able to discuss your case intelligently and half the
work will already be done.
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George Burns

What are "210 and 290 cases" ?

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George Burns
I do not understand what it is that would cause you to want to go to a Title Insurance company rather than to a lawyer who handles title issues.

I am not sure that NJ, or even most states, require the recording of the Note as a requirement for foreclosure. I suggest that you check the relevant state rules and case law.

I noted that you clearly stated that a foreclosure complaint has already been filed. However, because of your comment that "I am not ready to hire counsel at this stage in the proceedings." , I have to wonder whether or not you are aware that a time sensitive response to the complaint is required. So spending time worrying about having a Title Insurance company check your title and considering a Quiet Title action seems to indicate to me that you have gone off into left field.

Based on what you have posted, I honestly suggest that your understanding and knowledge of the relevant issues is seriously deficient (as are most of us) to the extent that you should not handle this pro se but get a lawyer immediately. 
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   On Pacer, I meant to say, 220 (real estate foreclosure) and 290 (other real
estate) cases. Once in Pacer, you click on "civil cases" and a menu of types of cases will be found, so if you want to study foreclosure cases you click on
220 cases and it will show you a menu of cases. Look for one with the same
plaintiff which is recent. You can study all the pleadings and filings. You might even find a law firm that is experienced with your type of case.
   The 290 cases would include "quiet titles" and "recission" cases among other "real estate" issues.
   Even though New Jersey is backlogged with foreclosure cases, I agree with
George, you need to "get a move on" so you don't lose by default. Normally,
you have only 20 to 30 days to respond with either a "motion to dismiss" or
an "answer".
    If you do an answer, you can also file a counterclaim for "quiet title" and/or transfer the case to US Federal Court, (which may or may not be in
your best interest depending on the facts in your case).
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Hi George

I have already filed an answer to the complaint and I filed a MTD.

In NJ the note must be properly recorded and according to other case law  a copy of the note or contract must be attached to the plaintiffs complaint.

The reason I am seeking out a title insurance company is to acquire knowledge as to when the paper trail started and where it ended.
And by who and whom. With the proper title information then I would access as to whether or not to file a motion for a quite title to the property.

On a personal note, I do not feel that I lack the knowledge to handle the relevent  issues of a foreclosure hearing. I do in fact know how to read and write.

Thank you for your reply.

Acesfull



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Most of the Pro Se litigants I know eventually lost their houses. Few are still in litigation.
Try to get a good lawyer as soon as you can or at least whenever the Bank files Motion for Summary Judgment. It is extremely difficult to reverse a Summary Judgment.

Here is some ideas :

Learn lawsuit anatomy by spelling: CAT.

The 3 basic steps of every lawsuit are:.

  • Complaint
  • Answer
  • Trial

Start here, and you'll soon be operating like a pro in court, controlling judges and defeating crooked lawyers.

Of course, there's much more to winning, but it's all easy if you start with basic anatomy: CAT.

C = Complaint ... Where every case begins. Plaintiff complains by filing a Complaint. He alleges (1) what duty the defendant breached, (2) how the defendant breached the duty, and (3) how the plaintiff suffered damages (or is threatened with damages) as a direct result.

A = Answer ... Where defendant responds to plaintiff's Complaint by filing an Answer and Affirmative Defenses. In his Answer he admits or denies (or claims he lacks enough knowledge to admit or deny) each separate allegation of the plaintiff's Complaint. In his Affirmative Defenses he alleges facts that (if he can prove them) will relieve him of his obligation to plaintiff.

T = Trial ... Where the judge (or jury) decides the final verdict by examining admissible evidence, using plain old common sense to decide which facts presented are true, weighing each side's evidence to see which side has the greater weight of evidence, and then applying the law to determine who wins.

Plaintiffs file Complaints.

Defendants file Answers (and essential "Affirmative Defenses", as you will learn in my course.

Judges and juries examine the facts and law at trial to decide who wins.

During the process Motions and Discovery Tools are used by both sides to convince the court who should win.

This is where the fight is - not at trial.

Every winnable case can be won before trial, if you use my case-winning tactics ... all explained in my affordable, official, 24-hour Jurisdictionary "How to Win in Court" self-help course.Learn from Jurisdictionary step-by-step

For example, there are 3 Motions the defendant can use to avoid filing an answer:

  1. Motion to Dismiss
  2. Motion to Strike
  3. Motion for More Definite Statement

All explained in the course.

At any time after the Complaint is filed, either side may use 5 discovery tools to get facts that may lead to admissible evidence:

  1. Admissions
  2. Production
  3. Interrogatories
  4. Depositions
  5. Subpoenas and other court orders

Also explained fully in my affordable self-help course.

Courtesy of Jurisdictionary.com
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George Burns
Has anyone here used this or actually knows anyone who has?

Can anyone attest or vouch for its accuracy and/or effectiveness?

I know nothing about it and only now just heard of it. I have previously seen the logo but never looked at it.
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George Burns wrote:
Has anyone here used this or actually knows anyone who has?

Can anyone attest or vouch for its accuracy and/or effectiveness?

I know nothing about it and only now just heard of it. I have previously seen the logo but never looked at it.


I'm read through a lot of the material.  It is informative.  It lays out the BASIC court process.  Saying is would be useful in protecting your home is akin to saying I bought a plane ticket and now can fly a plane.  It is also akin to trying to order off of a menu in a restaurant with only the ingredients of each meal listed. 

The documents fail to give specific "who,what,where,when, why" in regards to any of the information.  It is very generic.  I feel it has to be generic in order to avoid "unauthorized practice of law".   Homeowners will learn much more and be more effective in court by reading the threads here and going to the courthouse to read through files.  Then plagiarize, plagiarize, plagiarize. 

If you are really interested George, send me an email.

I'm not an attorney and this isn't legal advice. 
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You c an find a lot of similar  info in this very good book. $29.

Written by a lawyer Bergman.

http://www.nolo.com/products/represent-yourself-in-court-RYC.html

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Some foreclosure legal pleadings and info at http://www.scribd.com/winstons2311

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More foreclosure defense info at http://www.scribd.com/my_document_collections

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Hi All

I have contacted with two attorneys in regard to foreclosure lawsuit.
Both wanted a retainer of 5k. I feel that I can accomplish the same result for lots less cash. The result being to prolong my stay in my underwater property and live rent free for another 10-12 months. Possibly negotiate a principle reduction or else lose the case and be prepared to walk away.

Personally I don't think I need to pay an attorney 5k to achieve this goal.
Should the bank win on the motion and receive a summary judgment, I will wait until the last minute and file a BK. Don't see the need to pay 5k to achieve this result.

In regard to the title company, they work cheap and are basically doing my leg work in regard to court public records etc. I don't have all day to spend at the recorder of deeds office, so the title company serves a good purpose.

Currently planning my strategy. If my MDT is ordered with prejudice then I will relax. If it is ordered without prejudice then I need to continue working and studying case law. Should I loss on my motion and a summary judgment is awarded to the plaintiff then I will proceed however necessary, either way I am still 5k wealthier. Lol

TIA I look forward to all replies.

Acesfull
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George,

Drop me an e-mail at ocean11@the-beach.net. I have some interesting foreclosure defense info for you.

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Hi All

In reference to my mortgage note. They sent me a copy of an Allonge Note.

The note is payable to H$R Block Mortgage Corporation.

In the foreclosure complaint there is no mention of H$R block Corp.

The plaintiff named in the complaint is USBank National Thur asset back securities XXX. Another interesting issue to note in reference to the complaint. The plaintiff is seeking to foreclose based on a default amount of 357k  the true amount owned is 399k. This is definite example of the chain of title and other paper work and assignments being lost.

In regard to the Allonge Note. I have been reading where some courts are not allowing the allonge note to be used has evidence with regard to having proper legal standing to foreclose on the note.  I would be interested to read what folks here on MSF have to say in regard to the Allonge Note.
Thanks for reading and responding.

Best regards
Acesfull
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Hi All

Here is what the Allonge To Note states.

Allonge To Note( HRBMC)

This allonge makes reference to the following Note:
Borrower Acesfull
Loan Number  XXXXX-  its blacked out.
property address XXXX
loan amount XXXX

Note date- 04/14/XXX

Therefore, is reference to the captioned note, the following applies;

Pay to the order of; Option One Mortgage Corp, A California Corp.
( Without Recourse)

By; H&R Block Mortgage Corp, A Massachusetts Corp.

Signed--  XXX
Assistant Secretary
-----------------------------------------------------------------
Next Allonge

Allonge To Note (Investor)

This allonge makes reference to the following note:
Borrowers Acesfull
Loan Number. XXX Its blacked out
Property Address XXX
Loan Amount--  XXXX

Note Date 04/14/200xxx

Therefore in reference to the captioned note, the following applies;

Pay to the order of;  Without Recourse.

Option One Mortgage Corp/ A California Corp

By--- XXXX
Assistant Secretary

________________________________________________________________

Anyway this is the allonges.

Please let me know what you think.

TIA

Best regards

Acesfull


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Acesful....

I suggest that you check out Rob Ryder's info: http://robcourtofrecord.wordpress.com/

Go down to the county clerk with your WARRANTY DEED (not Deed of Trust),
acknowledge it...(see details on Rob's site) and by his info coming in, you're
the SOLE OWNER in fee simple.
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George Burns

What does this have to do with the Mortgage and the Note?

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